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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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Oct. 2009 my husband went to Kingston, Ont. prison. I have

Customer Question

Oct. 2009 my husband went to Kingston, Ont. prison. I have power of attorney, wish to sell the house. He is a compulsive, habitual liar and for years declared his innocence, I learned he lied when he admitted his guilt |(sexual related) in his bail hearing, which he and his lawyer told me I MUST attend (told my presence there showed strong marital support--NOT! we have been separated since Oct. 2009. Living at 1/2 way house he was arrested, violated paroll, fought this, got out again then was re-arrested for same. violation.
Legal advice has told me the house is our 'matrimonial home', in order to sell it I must file for divorce, sell the house and give him half house proceeds. His debt over the years is in my name (L.O.C., credit cards), I want to sell the house, pay off the debts, keep the remaining money, start my life again, return to my B.C. home--since he moved me here to Ontario from all my family and family in B.C., controlling me completely over the years; I have no support here whatsoever. I have had it.
Other legal advice told me to wait 7 years and I may go before judge to legally state house is completely mine (house is in my name). He has been writing me letters, always claiming half the house proceeds.
I need know if after all this time he is entitled to any house proceeds if I sell.
Honestly, I have been under severe stress all these year and I need some help and to know my legal rights--he has strapped me financially and I am absolutely worn out.
Thank you for any advice you may offer me.
In appreciation,
Laura C.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Would he agree that you separated in October 2009?
Customer: replied 2 years ago.
Expert:  Debra replied 2 years ago.
It is not that you own the house in 7 years. You own the house now. The title is in your name. What the lawyer was referring to was the ability of your former spouse to make a claim to that asset. And the law in Ontario is that to make a claim to an asset under the Family Law Act, the claim must be made within 6 years of separation or within 2 years of a divorce, which ever comes first. So once you get passed the six year mark (it is not seven) he cannot make a claim to your asset. As well, you don't need to get a divorce. One has nothing to do with the other. So you can either apply for the division of assets, or wait out the 6 years.It would be best to consult with a family lawyer face to face before making any decision.
Customer: replied 2 years ago.
He went to prison Oct. 2009, do I have to wait for that month to be the 6 year mark?
Expert:  Debra replied 2 years ago.
Yes if that is when you separated.You want to make sure he cannot put in a claim at the last minute. But please see a lawyer face to face as this is very important and I can only give general legal information and not actual advice.
Customer: replied 2 years ago.
Just now able to view your thoughts; I see previous legal advice gave me wrong 7 year.
I simply need to know if I must wait until Oct. 2015--my life decisions now depend on this answer.
Thank you kindly.
Customer: replied 2 years ago.
Thank you and I will take your advice, much appreciated!!
Expert:  Debra replied 2 years ago.
You are very welcome.
Customer: replied 2 years ago.
Oh...just discovered he MAY argue we haven't separated this long (sly fox wants money from house/to hurt me further)
ADVICE TIME LEFT? Not attempting to be ingnorant in this regard--I left and came back, as during our advice time I was unable to get back to either see your advice or respond to it. Accept my apologies if I've overstepped and thank you kindly. Best wishes, end of further contact now.
Expert:  Debra replied 2 years ago.
It's fine about the time.This is why you need to see a lawyer. If you can establish that you were separated back then you will be OK.