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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My husband and I currently have a mutual no contact order to

Customer Question

My husband and I currently have a mutual no contact order to be reviewed in March.
He is currently living in the matrimonial home to which he has sole title. I am couch surfing since all this happened in early Nov. 2015. I am new in the area and gave very few acquaintances.
In the intern he has filed for divorce. I have not yet been served these papers so am aware at this time what the statement of claim is.
Am I entitled entitled to an Exclusive Home Possession Order?
During a walk through the home with my husband and an RCMP officer I picked up some personal items however I was rushed and pushed along. My husband had "most" of my personal items packed in the garage waiting for me.
However, after going through the boxes I realize many of my personal items were not packed nor were they in the home when I did my walk through. They have been removed, given away, hidden etc. Some of these were the most expensive items as well.
How do I go about retrieving the rest of my personal items without high legal costs.
My husband also owns a small vacation home in California that we both lived. On this home too he only is on title. On the mutual no contact order this home is listed as well. My current lawyer has advised me that although this home is on the mutual no contact order it cannot be dealt with as it is outside the province of Alberta so it is a mute point it is on the order.
My husband has had the locks changed as well on the California home. What are my rights regarding getting my things out if this home? Would I be breaking any law if I were to go down, show a police office we are married, have the locks changed and go in?
We are both in our mid 50's, no prenup, no children.
My husband is a successful business owner with commercial properties as well. I am on LTD. when married I was in LTD as well.
Marriage duration just over 1 year.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did you agree that he could live in the house and is that what you moved out or were you told you have to get out because the house was in his name? If that is the case who told you this?

Customer: replied 1 year ago.
We argued, I left, he took that as separation, he changed the locks, put private property signs up. When I went back next day and could not get in I called RCMP. They came, advised me he is on title , to contact a lawyer.
So, it was not mutually agreed to.
Customer: replied 1 year ago.
Hello are you still there?
Expert:  Debra replied 1 year ago.

The RCMP was not correct.

As this is you matrimonial home you both had the right to occupy the home.

And that is the case until matters are resolved regardless of whose name is ***** ***** I am sorry that the office did not know the law and that is unusual as they usually do.

I don't know the law in the US but I doubt you have any right to change the locks in the US property. You certainly don't have that right here.

The court in Canada cannot make any order about assets outside of the jurisdiction but it can give you more assets from inside the jurisdiction to make up for the loss of assets outside the jurisdiction.

The court in Canada can make an order requiring your spouse to return your personal items.

This can be part of your reply that you will put in after you get served with the divorce application. You will need to deal with the division of assets and this can all be included.

But what your lawyer most likely told you is that after a one year marriage you are not going to be entitled to any assets that your spouse acquired before the marriage and likely not any he acquired after the marriage unless you contributed to them.

The general idea of sharing the value of the assets does not apply after a one year marriage.

It may be that he will have to pay you some spousal support but that would not go on for more than six months to a year because the marriage was so very short.

And given you left the house and it is your spouse's house and the marriage was so short at this point in time there is no likelihood of you being granted exclusive possession of the home. Had you not left you could have remained in the home until the issues were resolved but not after that.

I am sorry this has happened to you and I know what I've explained is not what you want to hear but telling you what you want to hear will not help you.

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