My separated spouse and I wrote a domestic separation agreement without legal advice in the province of Ontario. He

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Customer: My separated spouse and I wrote a domestic separation agreement without legal advice in the province of Ontario. He later offered to buy me out of our cottage which is located in the province of Quebec. He had the notary in Quebec add an addendum to the deed to transfer that I signed off on saying that this served as a change to the separation agreement,And that it would reflect that brian was buying out my interest for the cottage. Given that Quebec and Ontario follow different forms of law common versus civil, was that transaction lawful? Can a notary in Quebec make an amendment in another legal document that was originally written in the province of Ontario, is it possible that this matter could be argued as unlawful given that both were done in different provinces under different forms of law?
Answered by KeacheaD in 1 hour 1 year ago
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KeacheaD
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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KeacheaD
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KeacheaD
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KeacheaD, Expert

Hello and Welcome to JustAnswer! My name is ***** ***** I will assist you with your question.

Customer
Ok. Thanks. I did some research while waiting. If a lawyer applies for legal advisor status, it appears they can act and provide advice on Ontario family law matters. I still question if placing an amendment in a deed of transfer is a legal amendment to a separation agreement.
Customer
Hi. Have you worked on an answer?
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KeacheaD, Expert

I apologize for the delay a Client call came in as I was reviewing a case to provide you with an answer. Please provide me with a few more minutes properly respond. Thank you.

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KeacheaD, Expert

As it relates to whether the transaction was lawful a determination would be made based on the intent of the parties at the time of the transaction and if they signed the documents based on their mutual agreement. The facts that you state shows you were in agreement with your spouse for him to buy you out. Did you intend to sell your portion? Did the separation agreement state a different way for the property to be handled? Is the transaction complete i.e. he has paid you for your interest in the property? It seems to me that if the Notary in Quebec was only notarizing the intent of the parties the transaction would be lawful.

Customer
The property was supposed to be sold, then proceeds shared 50/50. He refused for months to list it, he was waiting for news on a promotion, which he hid from me at the time of separation and after. I told him he either buys me out or I’m going to a lawyer. He had an appraisal done to re-finance, didn’t tell me about the actual appraisal or the amount that drove the allowable financing limit. He then put in the deed of transfer that this served as an amendment. He told the notary that the cottage wasn’t selling so he was buying me out, yet he refused to let me list it. He entered into the separation agreement and cottage buyout in bad faith
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KeacheaD, Expert

In way of clarification am I correct if I state that you have signed a deed of transfer for the property and the property is in his name only and you have not been compensated?

Customer
I was compensated but at a much lower amount that I was entitled to
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KeacheaD, Expert

Given the facts the addendum was legally executed as both parties agreed to the terms and signed off on the terms. As it relates to you not being properly compensated this something you should discuss a local attorney for them to review the separation agreement, the addendum, and all other documents relating to the transfer to determine what the difference is and if it is matter to be litigated.

I trust I answered your question satisfactorily. Thank you for using JustAnswer!

Customer
Ok
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