Ask a Canada Law Question, Get an Answer ASAP!
Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
When you say you are legally separated from your wife what do you mean?For example, do you mean you have a signed separation agreement?
While that agreement may not be good enough in court if you ever ended up there given that you have clearly separated you would not share in any assets acquired after separation so she could not make a claim to the new property.
Does that answer your question?
Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
There are two separate issues.
Is the contract good enough to stand up in court if one of you later wants to dispute it? Likely not as you didn't have independent legal advice.
But is it clear that you have separated and that you are acquiring this property after you separated? Yes.
Assets acquired after separation are not shared.
She is not entitled to it at all.
But she may be able to sue for support successfully depending on the facts.
So your parents can buy the property if you like but really you need to see your own family lawyer face to face and as soon as possible so that you can deal with this demand for support as that is what you may have a real problem with.
This is why independent legal advice is so vital unfortunately.
Is there anything more I can help you with at this point in time?