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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100356
Experience:  Lawyer
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I am divorced about 5 months ago. My ex-husband left the

Customer Question

I am divorced about 5 months ago. My ex-husband left the country and I am paying all the mortgage and expenses for my 2 children (23 and 21 years old). Our house is already 50/50. I was wondering that is it possible to claim for the other 50% of house? He has not paid anything during 4 months ago.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I have several questions. Please answer them and then I will answer in the morning.
Are your children still in school full-time?
Is there a separation agreement?
In the agreement or divorce judgment was there a division of assets?
Are there other assets?
Customer: replied 1 year ago.
both of them are full time student and live with me.
There is no separation agreement. We have been together about 27 years. I applied and he didn't respond then divorce went through. My children would like to live with me. We have a car under the name of both of us. He has property and income in iran and doesn't want to give us anything and don't divorce based on Iranian law. I requested just divorce and no financial claim . Now he wants to put us under pursuer.
Expert:  Debra replied 1 year ago.

You are entitled to child support for the children and possibly spousal support. That would be the case if he was supporting you, at least partially, during your marriage.

And you are both entitled to an equal division of the matrimonial property and that would include all the assets that were acquired during the marriage no matter whose name the properties were in.

His income in Iran would count and the value of the properties in Iran would be considered so if he has property in Iran equal to the value of your home you could very well end up with the full value of the home.

For this reason it is vital that you consult with a family lawyer in your city and do so as soon as possible.

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:

(###) ###-####or 1.***-***-****.

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