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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100053
Experience:  Lawyer
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I'm separated with my wife and we own a acreage together. I

Customer Question

hey tom, I'm separated with my wife and we own a acreage together. I want to pay her out with a new mortgage my girlfriend and I would get on it. What are the Alberta laws can I do this while still not legally divorced
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Alberta is this not a Canadian blog
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: just if this is possible before my divorce if final
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

I understand what you want to do but I am not clear about the question.

Are you asking whether you can buy her out and get a mortgage with your girlfriend while still legally married to her?

Customer: replied 8 months ago.
Expert:  Debra replied 8 months ago.

Does you former spouse agree?

Customer: replied 8 months ago.
No she won't
Expert:  Debra replied 8 months ago.

So she will not agree to your buying her out?

Have you started a claim at all?

Customer: replied 8 months ago.
She will agree to payment but wants the house sold
Expert:  Debra replied 8 months ago.

I understand.

You cannot force her to let you buy her out without a court order.

You don't need to get a divorce but you will need to at least start a legal action and then seek an order for the sale of the house but where you get the right of first refusal.

That would mean that you would list the house, and wait for an offer and when you got one you could make the offer for the same amount yourself and then buy it.

If she cannot afford to buy the house herself then the Court will grant you this order.

Does that help as a starting point?

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.

Customer: replied 8 months ago.
I would have to list it then put an offer in. That's what I understand
Expert:  Debra replied 8 months ago.

But you need that court order.

What I am saying is that the court will likely grant you that order if you can afford to buy your spouse out but she cannot afford to buy you out.

Expert:  Debra replied 8 months ago.

Is there anything more I can help you with at this point in time?

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