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In 2010 i married a man Canadian man who unfortunately

passed away in 2014. All...
In 2010 i married a man Canadian man who unfortunately passed away in 2014. All this years we were living together the problem was that due to his alcoholism he died. and i was forced to go back to Mexico because i suffered domestic violence and i we had a legal case. because he didnt sponsoded me as a wife for obtaining my Permanent Resident in Canada i had to be here as a tourist traveling back and fort mexico-canada.
JA: Since laws vary from place to place, what state is this in?
Customer: British columbia
JA: Have you talked to a lawyer yet?
Customer: no, i havent
JA: Anything else you want the lawyer to know before I connect you?
Customer: his family told me that i didnt have any right for as a wife i was supposed to be entitle. He invested in a hotel as a business, that was built in 2012 when we were married. because his family told me not to bother them because i had no right to anything.
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Answered in 4 hours by:
10/19/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,844
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry for your loss.

Are you saying you were separated but not divorced?

Was there a separation agreement?

Why did you wait until now to deal with this?

Do you know if he had shares in the business that were in his name alone?

Did you live with this man before you got married?

How long altogether did you live with him and when did you separate?

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Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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Customer reply replied 1 month ago
i got separated because i couldn't deal no more with his alcoholism and as he didnt want me to leave he got really mad and kicked me out of the house one night in the early morning in winter and though my stuff outside the house. Because of the assault we were into a legal situation that finished because i had to go back to mexico, and i couldnt stay to continue with the case.
the reason.... because he never sponsored me as a wife i had to be here in Canada as a tourist and my 6 month period was close to finish when all this situation happened.
I applied for legal aid service but i i didnt get the help and at that point i had no money to hire a lawyer and his family was against me and they had a lawyer.we never had a separation agreement, he only wanted me to give him the half of all what he owned in the bank when i couldn't work legally in Canada because i was a tourist and he was who used to provided all the things that i needed.
And we never got divorce, we married in Veracruz, Mexico and our marriage certificate was legalized by the Canadian Embassy in Mexico City.I wait until now because as i said, at that point i didnt have money to afford a lawyer and his family was and still very important in Houston B.C. if i could stay in canada and wait until my fly back to mexico was because i have a friend in that town with whom i was living for few weeks and later because my husband and his family were bothering me and continued with the agresions the police officers suggested me to move out of town where they couldnt know about me, and i moved to Prince Rupert B.C. with a Mexican friend and her family.
I was homeless literally and no money in my pocket. My friends were who payed all my expenses.And when i back to mexico i was emotionally affected and i took time to be able to get a job again because im a teacher back in Mexico, and even i had my family support i wasn't able to get the money to start a legal case.
it took me several months to get a job and start earning money, also at that point my Canadian visa expired and i had to removate it but first i needed to had money in my bank account otherwise it couldnt be wranted and of course my husband didnt want me to help with that.
I always wanted to do something but i was afraid of him and his family specially from his dad because the Himech are a family known for being not very nice when they have problems with other ppl.he had shares and actually i keep photocopies of those shares that were in his name.Actually i remember perfectly that the hotel start been built on 2012 and was finished on april 8th 2013,and he started receiving income from his share on 2014 because when i was in mexico he continued calling me at home asking me to get back and he mentioned me that he was receiving the income from his hotel shares.In his banks accounts and savings he had his mother as beneficiary because his mother never let him to change that, she didnt accepted me and this was another reason why i couldn't deal no more with my marriage.
And he owned a property land in the town with his father, what i remember he mentioned me was that his father and him were trying to build a parking lot or a car wash or another business.i didnt live with him before we got married, we were in a relationship for a year and a half and later we were married from august 21st,2010 until he passed away.
we were separated or i had to go back to mexico on May4 th 2013.I knew he was sick of his liver and he didnt stop drinking and one day he never called me more,and it was one of his cousin's wife who sent me a message to my facebook inbox saying... Harry passed away today!
i didnt know what was the real cause of his dead because when i called his mom the next day i received the news she just told me..he passed away, he was drinking with a friend when he collapsed and was brought to the hospital in Smithers B.C. due to his health situation they moved him to Terrace B.C.Hospital where he died.
And his mother told m... in few words his liver exploted and if you know that he passed away is because he asked me to let you know if something bad happened and that's why i asked my nephew's wife sent you a message otherwise you wouldnt know.i implored her helping me with the flight tickets to go back to Canada and i told her i didnt have a job yet and she said.. i dont have money and you dont have nothing to do here, he is dead and when he passed away i told the doctor he was single.i told her he was receiving money from the hotel shares and she didnt say much, she said that i was not entitle to anything, and i should stop bothering her and no call her back.when i called my husband's father he told me that i should not bother in come back to town that i wasn't required that i had nothing to do there and that as his son passed away i had no more family connection to any of them.
Customer reply replied 1 month ago
quickly mention that i was able to know a bit of his funeral service because my friend in Houston was able to be there that day and she informed me details about it but until now i wasn't been able to know what happened to his ashes and i guess that all his belongings were sold or giving away to his brothers.i have his dead certificate but actually i dont have idea how his mother or his father were able to do all those legal stuff knowing he was married and said he was single.right now im back in Canada, and im in a common law with my Canadian partner and i am in my process for my Permanent residence card . we have almost 2 years together.i just would like to know if his family was right that i wasn't entitle to anything and that if i wanted to fight for anything they would make me to pay what he owned to the bank even made me payed his funeral service.
i dont know if it was possible that his mother might receive the money income from the business instead of me that i was the wife.Thank you

I understand and this is all terrible.

But, as your marriage was very, very short it is not likely that you can claim any interest in his assets. The law in terms of equal sharing of assets acquired during the marriage doesn't kick in until the marriage (before separation ) is about 5 years old. Yours was less than three.

So you can retain a lawyer and have a lawyer threaten to sue them and hope they pay you something but really if you went to court you would not be awarded any share of his assets.

I am sorry this is not what you were hoping to hear.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
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Category: Canada Law
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