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I have questions about divorce and separation. Not yet. I…

I have questions about...

I have questions about divorce and separation

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet. I have questions about custody and property division

Lawyer's Assistant: Family law varies by province. What province are you in?

Bc

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

We have four kids

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Answered in 5 minutes by:
3/16/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,617
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 to hear that it sounds like you are in a difficult situation.

Please provide me with more of the basic facts and then provide me with your specific question.

Thanks

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Customer reply replied 4 months ago
My husband has decided that he wants to keep our house and thinks that he can because the mortgage was paid majorly from his pay check. Do I have any claim to the equity?

How long were you married for?

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Customer reply replied 4 months ago
13 years

Then your spouse is simply wrong.

You will share in the value of all assets acquired during the marriage aside from gifts and inheritances. And you will share in the increase in value of all assets brought into the marriage.

It doesn't matter whose name is ***** ***** or who contributed to the asset. Marriage is considered to be an equal partnership.

Does that clarify the law?

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.

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Customer reply replied 4 months ago
I have plans to move out of our house in the next month. Will that effect how property is divided?

No it won't. But it will affect your right to come back to the house.

And it will also affect your bargaining power.

If he wants you out and wants to buy you out so he keeps the house you should not be moving out. He is much more motivated to settle while you are still there.

In any event it is vital and I mean absolutely vital that you do not make any decisions or change the status quo in any way before consulting with your own family lawyer face to face.

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Customer reply replied 4 months ago
Thank you

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and enjoy your weekend.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,617
Experience: Lawyer
Verified
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