She is refusing to sign the separation agreement.

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My wife and I have a jointly owned property and a line of credit (debt). The deal was, I was to assume the debt and keep the house. I have been paying for both, and in order to change the mortgage over into my name I need a signed separation agreement. She is refusing to sign the separation agreement, therefore I am paying both and shes still on title... what are my options? The separation agreement along with divorce papers are ready to go.

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Stuart Zukerman

9 years ago

If she will not sign an agreement then your only option would be to commence legal proceedings (under the Family Law Act) seeking orders relating to asset and debt division. You could first send her a demand letter from a lawyer setting out the terms you are seeking to incorporate into an agreement threatening that if she does not agree to sign an agreement including those terms of settlement then you will commence a lawsuit seeking relief which is even more favorable to you than what you are proposing as a settlement. Then if she will still not agree, proceed to commence a lawsuit.

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