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Category: Canada Law
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my wife wants me to move out, if I leave do I have any rights

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my wife wants me to move out, if I leave do I have any rights to the house when we divorce
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.

If you move out then you may lose your right to possess the home.

You will not lose any ownership rights.

If you have children this can seriously harm your chances with respect to custody so let me know if you do.

As well, if you move out this sometimes can affect your ability to settle all your issues quickly because your wife will not necessarily be motivated to settle if she is living in the home and you are out.

So it's really never advisable to move out without first obtaining actual legal advice from a family lawyer you see for a face to face consultation and even then it's generally not advisable to move out without some agreement in place.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Let me know if you need any further clarification.
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