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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99992
Experience:  Lawyer
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Sure. I am wondering if my mother has a cause of action in

Customer Question

sure. I am wondering if my mother has a cause of action in Canada. My mother was married to my father until he died just recently in april of 2015. He started having an affair with a Canadian woman in 2001 and she was with him when he died just recently. She enjoyed his money and squandered their marital assets until he died. he died with approximately 60k in a joint account with him and the girlfriend's name on it. The funds can all be traced back to the states to jobs my father did before he died. Upon his death here in Houston, my mother is entitled to half of what he owns. knowing this money is in a canadian account where we cannot access it would she have a cause of action for alienation of affection against the girlfriend. the girlfriend is also committing fraud. she listed herself on my father's death certificate as the surviving spouse when she is not. She did so she could keep his assets to which she has no legal entitlement. I have filed a police report in Houston, TX. is there a way to bring any charges against her in Canada? If it helps at all, I am a lawyer in Florida, but my knowledge of Canadian law is zilch.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry for your loss and for this difficult situation. When did your parents separate or did they not actually ever separate?Is the only link to Canada that the girlfriend lives here and the money is here?
Customer: replied 2 years ago.
Thank you for your condolences. My parents never divorced or became legally separated. He moved to Canada for work in 2008 on a US work visa. Then he retired. The affair with the Canadian woman began in 2001 is my guess. He dropped my mom at my house in Florida in 2011. She's not seen him since. My father lived with the Canadian woman and my mom separately from 2005 through 2010. In 2012 and 2013 the Canadian woman and my dad traveled all over the US. They rented places in Ontario and the Canadian side of Niagara Falls. The account is in Canadian TD Bank with his name and the girlfriend's name jointly. The address on the account is a US mailbox in new york. He was never a citizen of Canada and he was still married with my mom at his death. the funds in the account are all traceable to his u.s. jobs.
Customer: replied 2 years ago.
All money spent on the affair would be considered a marital asset here.
Expert:  Debra replied 2 years ago.
I understand. In Canada there is no such thing as a legal separation.In the eyes of the law in Canada they separated in 2010. There is no cause of action for alienation of affection in Canada. But your mother can make a claim to his estate on the basis that she is entitled to a division of assets as it is not too late to seek this division in Ontario.I suggest that as her best next step your mother consult over the telephone with an estate lawyer in Canada, preferably in Niagara Falls.However, if all that he has is that one account then there is no point in going ahead, at least not in Canada. In Ontario assets that are acquired after separation are not marital assets.

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