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Second opinion] My son is going through a divorce. his wife…

Second opinion] My son...

Second opinion] My son is going through a divorce. his wife was removed from the house by the police for assaulting my son with a kitchen knife the first time and for throwing a pot of hot chili over him,

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I am sure she did more. the judge told her to stay away from the home and put on a conditional sentence.

Lawyer's Assistant: Has anything been filed or reported?

Now they are going through a divorce and her lawyer, legal aid, is asking $2000 support a month and want to force him to sell the house so she can get her 50% right away. Can she do that? They have no kids. He paid for her education. i heard that she may be bi-polar

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are in Ontario

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Answered in 2 hours by:
8/16/2017
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,736
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

What does your son say about these issues? He's the one going through it, and has the lawyer. I'm only asking because if I tell you something based on incomplete information and you tell your son that his lawyer is all wrong, that doesn't help him because his lawyer knows more about the case than you or I, right?

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Customer reply replied 10 months ago
my son is very upset, he is ok with given her 50% of the value of the house and a reasonable support payment - he stated 350 every 2 weeks.i on the other hand do not understantd why he need to pay support.They have no kids - she is a Registeredpracticalnurse + my son pay for her certificate on Massage Therapy.
She has not work for years
Customer reply replied 10 months ago
i prefere a wruten response
Customer reply replied 10 months ago
she was found guilty of assault by the court - She had a choice of psychological testing or jail, she coose jail
Customer reply replied 10 months ago
he is in Ontario

Is your son legally married to this woman?

When did they marry?

Did they live together prior to the marriage?

Who is on title to the home? Was it bought after the marriage?

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Customer reply replied 10 months ago
They lived common-law for 2 years before they married i think 2001. The house was bought before the marriage by my 2 sons. A few years later after a lot of arguments between her and her husband, my son asked me to talk to my other son to get his name off the deed and replace it with hers

OK, so that's the matrimonial home, and the equity in the home is equally divisible by the spouses in most cases.

But you're asking if there are exceptions, to the property division, to the spousal support, to the splitting of the house, based on the fact that she assaulted him. Yes?

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Customer reply replied 10 months ago
is he obligated to pay support, she is in an Assisted living building, she is fighting with her family and does not work
Customer reply replied 10 months ago
He paid for her car, gives her gaz money and pay for insurances

Your questions are valid, but the problem is with your approach. These are all separate issues.

Yes, your son's lawyer can claim that there should be an unequal division of the family property, that she should be entitled to less or not spousal support, and that she shouldn't get half the house. The question is whether the evidence meets the threshold for a judge to seriously consider the issue. It's not that cut and dried. These are all separate issues, and the assault conviction has a varying degree of importance as evidence to each situation.

It's obvious that you want me to tell you that "she assaulted him, she should get nothing and judge would agree if your son's lawyer would only ask!". But I'm not helping you if I tell you what you want to hear.

Your son has a lawyer. It's a legal aid lawyer, and that's fine. I've been practising for over 15 years and still take legal aid cases here and there. Being a "legal aid" lawyer doesn't mean being a "bad" lawyer.

So just encourage your son to ask his lawyer the tough questions and make decisions based on the evidence and on a weight of the evidence, not based on emotion.

Remember that marriage is an equal economic partnership. Married spouses are an economic unit. Yes, your son paid for the car and gas and insurance. And obviously he was okay with that or he would have left the marriage earlier. You can't be encouraging him to count the pennies now. If an assault conviction entitled the convicted to nothing from the property/support end of things, then we'd see even more bogus assault complaints.

Is there anything very specific you'd like to discuss with me? I can't give you an overview of your son's entire case on a single question thread, especially since you probably don't know all of the facts yourself.

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Customer reply replied 10 months ago
My son is not with legal aid - she is

Oh, I'm sorry. Does he have a lawyer? If not he'll absolutely need one.

Do you have a specific question?

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Customer reply replied 10 months ago
Her lawyer is putting a motion forward to force sell the house instead of allowing him to purchase it .
Can they do this.
I believe he needs a new lawyer.

They can bring the motion. But these things take time. The motion is probably meant to simply be an incentive for him to make her an offer to buy out her share, sooner rather than later. These things tend to drag out unless one party spurs the other into action by pushing the litigation forward.

You will always believe that your son isn't being treated fairly, and that he needs a better lawyer. But these are his decisions. Being supportive is good; being a backseat driver isn't. I'm speaking from lots of experience here.

Do you have any question or comment about what we've discussed? If so then I'm here. If I've supplied your second opinion satisfactorily, may I please have a positive service rating?

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,736
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified
Ulysses101 and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 10 months ago
thank you

You're very welcome, I'm glad to help. Thank you for the rating too.

Good luck to your son.

Ulysses

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