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Hello,My name isXXXXX her name isXXXXX

 

Customer Question

Hello, My name isXXXXX her name isXXXXX have been in a common law relationship for 9 years with no children. The relationship is now over.When I call home she hangs up the phone on me. We live in Manitoba, I work in Alberta. How do I proceed to get my belongings. Can you give me any suggestions? Thanks Don Czaban

 



Already Tried:
I have called a number of times in the past week and she hangs up the phone. I want my belongings before they go missing or get damaged. I plan to fly to Winnipeg and rent a vehicle and travel to Pine Falls Mb to retrieve my personal belongings after July 01

Submitted: 312 days and 17 hours ago.
Category: Canada Family Law
Value: CA$39
Status: CLOSED
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Expert:  Tom Law replied 312 days and 17 hours ago.

Hello.

So, you do not currently have an address in Manitoba?
Do you have email access to her?

Customer replied 312 days and 17 hours ago.

The Address isXXXXXPine Falls Mb RoE 1M0

The Email is XXXXX@XXXXXX.XXX but she does not respond.

Accepted Answer

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Expert:  Tom Law replied 312 days and 15 hours ago.

Thanks but this is a public forum for general advice so please do not include personal information.

I have no idea what issues between the two of you are. I assume that hanging up on you is because of either anger or fear. Regardless, if she does not want contact, she has a right to no contact from you. To keep trying could result in a criminal charge against you for harassment.

If I was advising her.....I would say that she does not have to put up with unwanted direct contact and if she feels threatened she should contact police. However, she has a duty to maintain your personal assets and to make reasonable accommodations for their return. She may have support and other claims but should not deal inappropriately with your belongings. I would strongly suggest that she contact a lawyer and work something out with you or your lawyer.

Advising you, I would suggest you get a lawyer in Manitoba to contact her. I would abandon all hope that unwanted contact will produce any positive result and that it could get you in serious trouble.

In the alternative, you can do this on your own with an address for service in Manitoba. You can sue her in Provincial Court for recovery.

Absent an agreement, you do not have any right to just show up at any time to retrieve. She has a duty to keep the assets for you and to give you a reasonable chance to recover. If I was your lawyer, I would call her and ask when can I send movers to pick things up. Tomorrow...next Tuesday?? Etc.

If all is gone, damaged etc, your legal right is to sue her. But, on your facts, law will try and separate you two first rather than allow you access to the home to retrieve assets that can be replaced. If she is hanging up on you, expect that she is keeping a record if she has received legal advice and that you are at risk.

All family matters are fueled by hurt and disappointment. When a calm approach can be inserted, often matters can be resolved with reason which is the first step.

This probably is your first time in this situation but it is not as far as any family lawyer who has practiced for any amount of time. Here is the link to the lawyer referral service. Call and ask for names of lawyers in her area. You can consult with one name or all at no cost or at little.

http://www.gov.mb.ca/justice/family/law/englishbooklet/chapter1.html#3

But, I see risks trying to contact her or doing anything unilateral regarding dates. You cannot be hurt by a professional contacting her.

Although less recommended, a mutual friend might be able to assist. There sounds as though there is turmoil so your demands are not likely to produce a positive response.

I know you want your things back but chattels can be replaced. You can sue later if not.

I am sorry you are under this stress and I hope I have assisted. Please let me know if I can further advise you.

Tom







Tom Law41080.1517957986

Expert TypeLawyer
Category: Canada Family Law
Pos. Feedback: 94.9 %
Accepts: 50
Answered: 6/20/2012

Experience: 21 years in practice

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