Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law
This answer was rated:

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

Show More
Show Less
Ask Your Own Canada Law Question
Answered in 2 hours by:
8/16/2017
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,699
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?

Ask Your Own Canada Law Question
Customer reply replied 6 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 6 months ago
i prefere a wruten response
Customer reply replied 6 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 6 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?

Ask Your Own Canada Law Question
Customer reply replied 6 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?

Ask Your Own Canada Law Question
Customer reply replied 6 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 6 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.

Ask Your Own Canada Law Question
Customer reply replied 6 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?

Ask Your Own Canada Law Question
Customer reply replied 6 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: 3,699
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
Ask your own question now
Customer reply replied 6 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

Ask Your Own Canada Law Question
Ask Ulysses101 Your Own Question
Ulysses101
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,699
3,699 Satisfied Customers
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

Ulysses101 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

58,176 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I have two roles on my company. In one of the roles my
I have two roles on my company. In one of the roles my workload/assignments by the employer has increased significantly. Thus I resigned the other position as there was not enough time in the day to d… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
My wife and I are done. We have been together since May 1,
My wife and I are done. We have been together since May 1, 2013 and married since March 2015. do I need to do anything while I get my shit together? … read more
Ulysses101
Ulysses101
Lawyer
3,699 satisfied customers
Do you deal in corporate law? Vancouver Island BC. I was
I was going to fill out an employment standard complaint. My husband worked at Nyrstar Myra Falls Mine and was layed off with no notice with 300 other employees in June 2015. They received 8 weeks severance for temporary lay off. They were to be called back in 6 months and still has not been called back. They were to owe him as collective agreement 4 weeks per year and now a new contract of Sept 2017 2weeks per year. Now they are offering him a level entry job.Ten dollars less than he was making as a trade person. No offer of severance.; … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I booked a cruise for my daughter and I, but I didn't
I booked a cruise for my daughter and I, but I didn't realize her father would have to sign for her passport We haven't seen or heard from him in years I have no idea where he is, so I'm not sure what to do … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have had bad dealings with Walton Investment Corp, they
Hello, I have had bad dealings with Walton Investment Corp, they have taken my $100,000 investment made in 2008, and now tell me it is only worth $20,000 … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Saw acar. Saw a car at a dealership agreed to
saw a car at a dealership agreed to purchase,return in daylight to test drive but car was at windshield replacement so gave them $500.00.Return to pickup car and noticed crack bumper and lots of rust I told them this isn't the car so we don't want it,what are my options … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I want to know if the holder of a Canadian visit visa,
I want to know if the holder of a Canadian visit visa, currently in Canada, can exit Canada and reenter on the same day. I have heard this is true. … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have an offer to purchase which has been breached by the
I have an offer to purchase which has been breached by the purchaser for non payment, should we enter into negotiations for a settlement offer or does the purchaser have to reinstate the offer to purc… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have been married for 17 years. My husband and I were not
I have been married for 17 years. My husband and I were not getting along and we have two teenage children 14 and 16. He decided this past September that he was going to get an apartment and he left. … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
My mother was a Canadian citizen. Although here she lived
My mother was a Canadian citizen. Although here she lived most of her life in the United States with her US citizen husband my father she never got you the US citizenship. What are my chances of havin… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Morning. I have served a judgement against me this morning I
Morning Debra. I have served a judgement against me this morning I sent you picture of the judgement. Via sms what should I do ?… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I got my Canadian PR in December 2017 and currently I am in
Hi, I got my Canadian PR in December 2017 and currently I am in India. I planning to marry my girlfriend. She is an Indian Citizen. However, she holds multiple entry visitor visa of Canada. What would… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I'm on a month to month commercial rent with no contract. I
I'm on a month to month commercial rent with no contract. I was given a letter from his lawyer demanding rent arrears to be paid on or before March 1st. 2 days after giving me that letter they forced … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Are CPP and OAS payments (not the credits) considered family
Are CPP and OAS payments (not the credits) considered family assets in a divorce … read more
Ulysses101
Ulysses101
Lawyer
3,699 satisfied customers
I have been divorced for 10 years. In the final court order
I have been divorced for 10 years. In the final court order I am sharing custody of 3 children and pay 700.000/month. Circumstances changed and 1st child lives independently, the other two children, 1… read more
Ulysses101
Ulysses101
Lawyer
3,699 satisfied customers
My mother passed away in December of 2017. We have a brother
My mother passed away in December of 2017. We have a brother who has been living with her for the past ten years. His name is ***** ***** title on her property and he remains living there for free. Th… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have an offer to purchase which is breached due to non
I have an offer to purchase which is breached due to non payment of the installment payment. do we have to enter into settlement negotiations on a breached contract … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I am separated from my wife, she is dying do I have the
I am separated from my wife, she is dying do I have the right to her property a condo worth about $700,000 … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x