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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31571
Experience:  JD, 16 years legal experience including family law
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Im Canadian and dont understand the legal system here. What

Customer Question

Im Canadian and don't understand the legal system here. What type of lawyer would I contact for a domestic issue. I relocated from Toronto to marry an American after 1.5 yrs of dating. I left an income of over 150K and Subletted my apartment. Ive been living with him and its our home. My mail goes there. Ive decided not to marry him because he became very verbally abusive while we were in Hawaii about to elope. I went to stay with a friends. Now he has kicked me out of the house took my car, phone ect (which is all mine brought from Canada). I am going to the police today but would also like to sue him. Not sure what kind of lawyer I should contact. thx
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am terribly sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You wish to sue your ex for the value of your vehicle and other belongings he has taken? Is there something else you wish to include in the suit?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
Hi Tina,

I left my life to be with him. We decided San Fran over Toronto because he was finally very happy in his career and I made the sacrifice to come here. I gave up a great job and got rid of my place. Had my car shipped to SF (1500$). Fixed the loft up to make it more "ours". We were suppose to elope last week in Hawaii and have a bigger wedding next yr. We were dating 1.5 yrs before I made the move to SF. Because I am not American our immigration lawyer suggested we elope to speed up the process. 2 days before we were to get married we had a terrible fight. Hes not usually a big drinker but he did this night (stress...who knows). He got very verbally aggressive said things no man should ever say. Just disgusting. I told him to stop or id call the police, he assumed I was bluffing and was egging me on. I called the cops they asked him to leave. The next day he came back to the hotel room he didn't seem to remember much or feel embarrassed or regretful. He was more upset I could call the police on him. He felt I should have left the seen and waited till he passed out and slept it off. If I repeated to you what he said to me you would think he is despicable. i left him in Hawaii for the remainder of the vacation and i went to stay with a gf in LA for a week. You should also know that ive witnessed him verbally attacking people and threatening them to beat them up. He also had a couple of incidents with me. Not physical. I also found out that he was arrested for smashing a guys car in. The guys a walking time bomb. Somethings just not right with him. Anyhow he is being very nasty and spiteful with me. I wanted to come home for a week and get organized, i feel it is our home. I asked him to go stay at a friends. I think its the descent thing to do. Plus im still doing contract work for a client until the end of the month. My work has been severely comprised. Ive been staying in hotels. He told me i could not come back and that hes changed the locks that he would get me a hotel room in SF for 2 days and that he would take all my belonging put them in my car and leave it at the hotel. When i arrived to SF my phone was cut off (under his name but i pay it. He did not pay for my hotel. I have a CDN phone in which he has. My car was not there like he promised. I don't have my things. I have no phone cause he has my CDN phone. Hes just a complete nightmare. My mother is flying in tonight and we are going to the police to have them escort us to his place. In Canada we can sue for pain and suffering. for loss of wages ect...He said he wont give me my stuff unless i am there.
Customer: replied 1 year ago.
not only is he not helping me at all after i moved there, he wants the ring back.
Expert:  Tina replied 1 year ago.
I see. Thank you, XXXXX XXXXX providing me with additional insights as to the nature of your situation and what you wish to achieve.

You could potentially sue your ex for fraud if you have evidence he never intended to go through with the marriage but was defrauding you out of your money/assets. That is normally a difficult cause of action to prove, but could provide a basis to seek emotional distress damages.

You could certainly pursue a lawsuit for conversion, seeking the value of your belongings he is wrongfully withholding from you. I would certainly report the incidents to the police as they could aid in retrieving your belongings if you do not wish to stay in the home you shared with your ex.

If you do wish to live there until you can return to Canada, the police should be able to assist you with that as well. Because it was your home, your ex could not legally kick you out without a court order typically, so the police could aid you in returning, but you may wish to pursue a restraining order against your ex if you do that, so he cannot return to the home while you are there.

I would retain a local family law attorney to represent you in this matter as these issues are most often addressed by such an attorney. The state and local bar associations can provide you with attorney referrals. The state bar's referral service is at calbar.org.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 31571
Experience: JD, 16 years legal experience including family law
Tina and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Tina. Even if he technically owns the loft do I still have the right to be there? im not asking to keep the loft I just wanted to be there a few days to organize my things and move. It was "our" place. He said hes changed the locks. Will the police say he has the right? He is being spiteful because I broke up with him and in his deranged mind he thinks its ok to swear at women and it will just blow over
Expert:  Tina replied 1 year ago.
Hello again, Jessica.

Yes, even though he owns it, since you have been living there, he cannot legally kick you out without a court order. For that he must follow the eviction process normally. He can certainly change the locks, but he must allow you access since he has not obtained a court order evicting you.

I'm very sorry things have gotten so bad with him. I hope you are able to move on with your life soon and put this behind you. I would not hesitate to call the police if he tries anything with you as he does not sound like a stable person.

All the best to you!
Customer: replied 1 year ago.
no he most certainty is not! LOL thanks Tina
Expert:  Tina replied 1 year ago.
You are very welcome. Take care. :)
Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again.

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