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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99403
Experience:  Lawyer
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My wife had forced me out of the house under threat of taking

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My wife had forced me out of the house under threat of taking off with the children on the Thanksgiving weekend. Out of fear I complied. i have since learned it it illegal for her to make me leave a property where both our names are XXXXX XXXXX title. However, the threat of her taking off with the children 13 hours away is still real. So I have filed a notice of motion and affidavit to prevent her from leaving with the intention to serve her and then move back onto the property to work out a divorce in a civilized manner. However, I have not been able to address the destruction of my personal belongings she is undertaking in my absence.
Is there a law that you can cite that I can print and present with the served papers to show that destruction of my personal belongings is illegal? Website link etc that I can copy and print? I'm in BC if the laws vary from province to province.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

Do you want to move back into the home?
Customer: replied 3 years ago.

Yes, I have been told by 3 lawyers in duty counsel, a police officer and confirmed on legal websites that I have every legal right to be there while divorce proceedings continue.

Then why aren't you moving back?
Customer: replied 3 years ago.

I am awaiting the arrival of the person who I intend to serve her with the notice of motion and affidavit (It is a family member who is driving several hours to help me with my belongings). I simply want to add any additional paperwork that I can print off the computer myself that can show her it is illegal for her to dispose of or destroy any of my personal belongings.


But you can move back in and live there and protect your belongings.

This is the matrimonial home.

So that's the first thing. Don't think she tricked you or out-smarted you and that you are not able to do so.

Second, it's mischief to property and a criminal offence to hurt someone else's property.


Let me know if you need any further clarification.
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