How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tom B. Your Own Question
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
Type Your Canada Law Question Here...
Tom B. is online now
A new question is answered every 9 seconds

Not sure. Trying to find information for a friend on whether

Customer Question

Not sure. Trying to find information for a friend on whether or not his ex is entitled to any profit from the sale of his house. She is guarantor but not on title and she already took him for $45K for her student loans instead of spousal support.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: BC Canada
JA: Has anything been filed or reported?
Customer: He just found out today as the house sale is due to close on Friday.
JA: Anything else you want the lawyer to know before I connect you?
Customer: House was worth significantly less when they divorced
Submitted: 11 months ago.
Category: Canada Law
Customer: replied 11 months ago.
There was no claim to property made in the divorce paperwork and she made it clear she wouldn't have paid if there was a loss but now there's a profit and she wants in on it. Need to know if there is any legal grounds for this claim or if so what? If there isn't, can he counter with any action for all the chaos she's causing with the sale of the house etc?
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

I am sorry to hear of this very difficult situation.

Was there a separation agreement?

When did they separate?

Customer: replied 11 months ago.
There is no separation agreement and uncontested divorce finalized 5th of February 2015.
Customer: replied 11 months ago.
my credit card has been charged but I have no answer?
Customer: replied 11 months ago.
Hello? Why have I been charged?
Expert:  Debra replied 11 months ago.

Before I complete my answer I will explain how the site works.

Please be patient for a moment.

Expert:  Debra replied 11 months ago.

The site is not free. You cannot use the site unless you first pay.

But the money is kept in your account.

I don't get paid unless you rate me positively. Then the site releases my portion of what you paid them to me.

If you don't rate me positively the amount remains in your account until you either rate another expert positively another time or you demand a refund.

I don't work for the site as I am a senior family lawyer.

So I don't know what you paid the site or what you were charged.

Do you want me to go ahead?

Customer: replied 11 months ago.
Thank you for clarifying. Just assumed from reading the documents that I would be charged later (after) I must have interpreted it wrong. Thanks. Looking forward to your response.
Expert:  Debra replied 11 months ago.

I actually have one more question.

In the uncontested divorce was property dealt with or was this only for a divorce and nothing else was considered?

Customer: replied 11 months ago.
Nothing else considered. No orders etc. Sigh...
Expert:  Debra replied 11 months ago.

So when she got the $45K instead of spousal support how was that worked out? Did they just have a verbal agreement?

When did they actually separate and how long were they married for?

When did he acquire the house?

Customer: replied 11 months ago.
He is seeing legal council today. Thanks for your time.
Expert:  Debra replied 11 months ago.