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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3291
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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I am in Canada, I am getting a divorce from my husband, I

Customer Question

Hi I am in Canada, I am getting a divorce from my husband, I have already been in contact with a lawyer, I am in the process of getting certificate of pending litigation. According to the tables and the lawyer I have been speaking with he will owe me around 9000.00 per month for Alimony + Child Support.Over the last year we have been going through some Financial hardships so my offer to him is to simply pay the house off around 400,000 ( The house is worth around 1,000,0000 ) and walk away since this would be the cheaper option for him.I know he only has around 130,000 in RRSP's in his bank.. and we are pretty much living check to check at this point..we agreed to raise our child here and our son has sports and school in the area + I on my own simply could not afford to buy a house like this again in this market.I am worried he doesn't have the money to pay me 9000K a month or the money to pay the house off he also said if I come after him for support he will move to another country and quit his job..The house is solely in his name but we purchased it together.So now that you have the back story here are my questions:What will happen to the house and certificate of pending litigation, will they make him sign it over if he doesn't have the money?He said if I come after him for support or with a lawyer he will move to another country, what happens in the event do I just take over the mortgage?
Submitted: 3 months ago.
Category: Canada Family Law
Expert:  ulysses101 replied 3 months ago.

Hello, thank you for the question.

What province are you in?

What city do you live in where the home is worth that much?

What does each of you earn?

Customer: replied 3 months ago.
I spook with you before. I am a stay at home mom so 0$ and my husband between 250-300K per year.Our home would sell in our neighborhood for around 1million but assessment is 780,000I am in Vancouver, BC
Expert:  ulysses101 replied 3 months ago.

Yes, I just reviewed that thread. You haven't been "evicted" yet then, that's good.

What does your lawyer say? This was a relatively short relationship as I recall, and he's not the child's biological father, right? Those are factors which make the spousal support and child support less certain.

How likely is it that he'll leave the country? Support payors say this all the time. If he did leave, where would he go?

Customer: replied 3 months ago.
It's been 6.5 years almost 7years. doesn't seem short, according to my lawyer he's pretty confident in the alimony and supportI don't know how likely it would be to leave.I am trying to keep my lawyer cost down with him so the questions I have for you are:What will happen to the house and certificate of pending litigation, will they make him sign it over if he doesn't have the money?He said if I come after him for support or with a lawyer he will move to another country, what happens in the event do I just take over the mortgage?
Expert:  ulysses101 replied 3 months ago.

Ah, I was under the impression that the marriage had been shorter than that. Your lawyer is right, after 6 years of marriage, spousal support is absolutely on the table. If your husband has treated your child as his own that whole time, then child support is likely too.

I assume that you haven't been to court yet. Something your lawyer will probably suggest is to go to court, and bring a motion for temporary order for custody, access, child support, spousal support, and exclusive possession of the family home. His threats to sell it from under you and evict are good evidence for the exclusive possession order.

As well, in the Application you can ask for an order that in the event of a noting in default of your husband, or his fleeing the jurisdiction, that the full title of the home, its equity and your ability to sell it, be transferred to you. I've seen those orders made. Then, if a support order is made that he doesn't like, and he leaves the country to go somewhere that a support order can't touch him, then you have the house.

But something to keep in mind is that with no independent income, you're relying solely on your husband to pay the ongoing costs of that house. That puts you in a precarious position. Like it or not, you may have to consider selling the place and getting something more affordable. You can't have all of your money tied up in one expensive home, and perhaps being unable to pay the bills and taxes on that home if your husband doesn't pay support for any reason. I know that's not a very palatable suggestion, but that's the reality, and you really think about it. I know you want to keep the child in that neighbourhood and school and activities, but if you can't afford the home then you don't have much choice. I'm not trying to persuade to do anything, just give it some thought. That uncertainty you're feeling is what's making you anxious about all of this, and brings you back here.

If you think you're going to use this site's services regularly, you should consider getting a subscription. It's a good value if you use it.

Does that answer you? Please reply with question or comment. If I've answered you then I'd appreciate a positive service rating please.

Expert:  ulysses101 replied 3 months ago.

I don't know if you've seen what I wrote. Did it help? Anything else about this to discuss?

Customer: replied 3 months ago.
That will be it, do you have the link for the application for the spouse land protection act?
Customer: replied 3 months ago.
Application ?
Expert:  ulysses101 replied 3 months ago.

Here's a fact sheet with links, but registering anything on title has to be done precisely correctly and having a lawyer do it is strongly recommended and may be mandatory at the registry office.

I'm glad to have helped. Feel free to keep me updated, if you want my specific attention you could start your question with "dear ulysses" and it will be left me.

I'll await your reply, or rating please if we're finished.

Expert:  ulysses101 replied 2 months ago.

Our question thread is still open, so I'm just checking in.

Was there anything else to discuss? Did my answer help?

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