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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100968
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am married and live with my wife and son at our

Customer Question

Hello I am married and live with my wife and son at our matrimonial home.
I would like to move out, What if I move out? Can she get me for abandonment?I really feel I am being abused emotionally and do not know what my options are?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Are you asking about custody and or access to your son?

Customer: replied 1 year ago.
Primarily Yes my Son is 11 years old.
Also what happens to all assets including house, belongings,property.
Obviously a division of assets.I am worried if she gets me for abandonment I would lose access to my Son.
Customer: replied 1 year ago.
Even if I left the home and stayed in an apartment, I would be willing to still pay the mortgage and groceries and all their living expenses
Expert:  Legal Ease replied 1 year ago.

If you leave the home and leave your son behind you are giving her a strong upper hand with respect to custody and access. That is because the law is that in the absence of any agreement or order to the contrary the parent with whom the child lives is said to have de facto custody. So in other words you are handing custody over to her.

A much more prudent approach would be to first consult with a lawyer face to face and try to get some order or agreement into place before you you move out of the home

Moving out will not affect any right with respect to ownership of assets but it will also give her the upper hand in terms of gaining exclusive possession to the home until everything is resolved and if you decide you want to move back she will likely be able to get an order stopping you from doing so. You are in a much better bargaining position while still living in the home.

So, at the very least don't change the status quo in anyway until you have consulted with your own lawyer.