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My wife is asking me to move out. What are mine and her

My wife is asking...

My wife is asking me to move out. What are mine and her legal rights?

Lawyer's Assistant: What steps has your wife taken? Has she filed any papers in family court?

No - just sent .e a typed letter

Lawyer's Assistant: Family law varies by province. What province is she in?

Bc

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

I used to drink frequently but have stopped for the last month

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Customer reply replied 5 months ago
There are 2 kids involved, 10 & 13
Answered in 18 minutes by:
3/23/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,101
Experience: Lawyer
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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 of this difficult situation.

Your right and hers is to remain in the home unless there is an order to the contrary.

It is very risky for you to move out before there is an order or agreement in place.

First, it would be considered to be abandoning the children and if you want sole or joint custody you would be in a very weak position.

Second, you would be in a weaker bargaining position because she has what she wants, ie, the house and the kids.

So it would be best not to change the status quo in any way or make any decisions or come to any agreements until you first have had the opportunity to at least have had a face to face consultation with a family lawyer.

Does that make sense?

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 5 months ago
Thank you - I'm trying to be reasonable and I can see her point of view - but as I thought - moving out would not be in my best interests. Thank you.

It certainly is not.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,101
Experience: Lawyer
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