Just got divorced and my partner has given up all rights and liabilities to a shared property (via the court). It was my understanding that I could simply remove their name from the title and mortgage via a quit-claim but a real estate lawyer just told me they don't exist in Ontario (despite my own research saying the opposite).
Any advice on how to find a lawyer for this?
I want to avoid refinancing the property because of this, cause interest rates **** right now.
Main Legal Issues:
The main legal issue in this scenario is the confusion surrounding the process of removing a former partner's name from the title and mortgage of a shared property in Ontario after a divorce.
Questions Answered:
In Ontario, a quitclaim deed is not a recognized legal document for transferring property rights. To remove your former partner's name from the title and mortgage, you may need to explore other legal avenues such as a transfer of ownership or a consent order from the court. This process may involve legal fees and court filings, but it is essential to ensure that the property ownership is legally transferred.
Potential Strategies:
Consult with a Real Estate Lawyer: Seek out a reputable real estate lawyer in Ontario who specializes in property transfers and family law. They can provide you with accurate information on the legal process required to remove your former partner's name from the title and mortgage.
Review the Divorce Decree: Ensure that the court order granting your former partner's relinquishment of rights and liabilities to the property is clear and legally binding. This document will be crucial in the property transfer process.
Consider Mediation: If there are any disputes or disagreements regarding the property transfer, consider mediation as a way to resolve issues amicably and avoid costly legal battles.
Things to Discuss with a Lawyer:
Legal Options: Discuss the various legal options available to remove your former partner's name from the title and mortgage, including the implications of each option.
Costs and Fees: Clarify the legal fees involved in the property transfer process and ensure that you have a clear understanding of the financial implications.
Timeline: Discuss the expected timeline for completing the property transfer process and any potential delays that may arise.
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