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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100469
Experience:  Lawyer
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Hi ..I have 2 teenagers (17 and 15) and 1 12 year old. My

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Hi ..I have 2 teenagers (17 and 15) and 1 12 year old. My husband an dI are separating/divorcing. I want to keep the matrimonial home for hte kids as long as possilbe (one graduates this year). My idea was that we kept the home and 'switched' out as adults. My husband does not want to do that. He wants to buy me out and keep the kids there with him. I should comment that this has been a highly emotionally abusive situationa dn the kids never want me to go anywhere as I m a buffer for them. My husband has also been promotin g with them that htey should choose to live with him, if it came to that. I am worried that emotionally moving out of their home will be highly detrimental. HOw can I go about protecting the kids? If Ithought he would agree to it I would have them live with me during the shcool week ( with visits from him, taking them to activities etc.) What do I do?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, 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.

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Can you afford to buy him out?
Customer: replied 3 years ago.

Hi..I am going to the bank on Wed. to see if that is possible, I may be able to as I know he can buy me out and our incomes are relatively close ( $15000) difference.

Essentially, the law is that you each have the same rights in terms of occupying the home.

Neither can make the other leave unless there is physical abuse.

So if you cannot work out what happens to the house and you end up in Court the likely scenario is that court will order that the house be sold.

The Court will not order that you each live there part of the time with the kids.

For this reason it would make sense for you to figure out both what you want and what you can afford and then see a family lawyer, for a face to face consultation.

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.

What is important to know is that if you do move out then you could be handing the right to possess the home over to him as he can allege that you gave up your right to possess the home. It won't affect your ownership rights.

So it is vital not to make any changes to the status quo before getting advice from a family lawyer who has considered all your facts in some detail.

Let me know if you need any further clarification.
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Thanks and take good care!

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