Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

My husband fraudulently transferred half of my Whistler

Customer Question
My husband fraudulently transferred...

My husband fraudulently transferred half of my Whistler property, (which I purchased in 1984 BEFORE marriage with the proceeds of a car accident), into his name in 1994 and I didn't discover this transfer until 2009, after he had asked me for a divorce on Dec. 28, 2008. This day was our 23rd anniversary. All of the Whistler tax and other documents were sent to me for years and they were in both of our names but I just assumed it was because the mortgage was in both of our names. After I moved to Ontario, they still sent the tax docs to me. In 2009 I asked the Lands Title Branch in New Westminster for my land title documents and I was aghast at this illegal transfer of half the title. In 1994 I told my husband's mother that I was divorcing him and two months later he told me that he wanted a second mortgage on the Whistler property to pay his credit card bills. I reluctantly signed all of the paperwork. I think that a Land Title document was in that paperwork as I NEVER took my three kids to any lawyer's office. My youngest was two years old then and hyperactive. I still don't have a separation agreement because my husband has Vancouver partner and her kids use this house as a recreational home too. He lives in Vancouver with his partner but states that he is living at the Whistler house full time. From financial disclosures and home monitoring, which I ordered, I know that this is a lie. In 2015, I stayed at the Whistler house for 3 weeks to go skiing. I repainted one upstairs bedroom, which he doesn't use. He was so incensed, that he lied to his lawyer and told him that i destroyed some of his property, which I would never do. Now his lawyer told me that if I dare to take one step into the Whistler house, he will get a court order to stop me. My husband has changed the locks on the house and the shed. In 2013 and 2015 when I stayed there, rain was coming into the old 1988 windows and the post and beam roof leaked. He won't spray for carpenter ants there and is letting the house deteriorate. I tried staying there in June 2015 to attend his mother's Celebration of Life but he wouldn't move from the house. I called the police and they told me that because he was on title, that they couldn't stop him. I never pursued the illegal transfer of land because each one of my divorce lawyers told me not to bother. I want to use my Whistler house, which was built in 1988. can my husband's lawyer get an Alberta court order to stop me from using my Whistler, B.C. house, a property which is half mine? Can I get a locksmith so that I can get into our Whistler house? Deborah

Lawyer's Assistant: Have you talked to an Ontario lawyer about this?

No, unfortunately, my divorce jurisdiction is Alberta and that is where my lawyer, and my husband's lawyer, and the mediator/arbitrator are.

Lawyer's Assistant: What steps have you taken so far?

All of my lawyers told me to forget the lawsuit over fraudulent transfer because my husband will get half of the equity gain in the house anyway. So I haven't done anything about the illegal transfer. My husband refused for years to go to mediation or go to court or even to disclose his finances to my lawyers. His lawyer would go months I believe that my husband, who has Narcissistic Personality Disorder, has told so many lies to the mediator/arbitrator, that she treats me like I was the bad person in this. The mediator has not allowed two Notices to Disclose that my lawyer and I presented and told us that if we wanted to get info before Jan. 1, 2010, the established date of separation, that we would have to go to Arbitration. When she ordered my husband to disclose income tax from 2005 to 2009, he only disclosed his 2005, without, a Schedule 3 showing cap. Gains. On this 2005 income tax, he had sold off $449,000 in stock options without my knowledge. When commenting on this, she stated, in a conference call, Well, Michael, 50% of that would go to tax and did you could have contributed the rest to your retirement pension. She had my husband I do forensic audit from 2010 to 2017. I had a business and 13 bank accounts over those years. The audit was still incomplete when she insisted that MNP present their draft report. Because I had not completed answering MNP's questions about $50,000 in personal and $80,000 in business monies, my husband's lawyer now states that I owe those monies. I have been screwed by my husband and screwed by the mediator, who had us sign papers declaring her the Arbitrator during the first hour of meeting her. My husband walked away and left me to pay the bills on 4 properties and sell them and he won't pay a cent of these bills. Nor will he pay for our daughters' child support. Now I am forced to go to Arbitration which I can't afford. My oldest daughter and her 2 kids live with me while she completes her Hon. B.A. and now he states that if I don't sell him our Whistler house, he will go after the house that I own.

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

My kids and I went without for over twenty years to keep that Whistler property. I didn't want it built on my lot in the first place because I had one child and was pregnant with a second and commuted two hours to work every day in White Rock, I didn't want to have to make the trip all the way to Whistler in 1987, with me having to be in a car for 5 hours on a Friday night, only to disinfect baby bottles over a hot plate and sleep on a bare plywood floor. I didn't want to build the Whistler house due to timing and i didn't think that we could afford it as we were still renting our North Vancouver principal residence. The day after the house was built, my husbnad told me that we couldn't afford it and I had to look after all of the rentals for eighteen years, until he kicked out our tenants in September 2007.

Submitted: 1 month ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 2 minutes by:
3/29/2018
Lawyer: Debra, Lawyer replied 1 month ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,505
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.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 1 month ago

I am sorry to hear this.

But what is your specific question please?

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Can my husband's Alberta lawyer get a court order to block me from entering or using our Whistler house?
Lawyer: Debra, Lawyer replied 1 month ago

Yes it is possible.

If he can prove that this was your matrimonial home and you have abandoned it he could get an order for exclusive possession of the home. But you would fight this of course and show that it was yours and he committed fraud and forgery and as well that it was not the matrimonial home. Your

That does not affect any ownership rights though. It would just be for possession until the issue of asset division is worked out or handled by an order.

Does that help even though it is not at all what you were hoping to hear?

But just so you understand, this is why your lawyer is not right. It does matter whose name is ***** ***** If your name was on title alone he would have a claim to an increase in value of the property over the course of the marriage only. He would not have a claim to the actual home.

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.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 1 month ago

Is there anything more I can help you with at this point in time?

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,505
104,505 Satisfied Customers
Experience: Lawyer

Debra 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

104,505 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 had a chat yesterday on the transit through my cellphone,
I had a chat yesterday on the transit through my cellphone, didn't finish. … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I'm looking for advice regarding employment law and non
I'm looking for advice regarding employment law and non compete agreements here in BC Is that something you deal with? … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I had a hearing landlord wanted to terminate us for
I had a hearing landlord wanted to terminate us for interfering with others, damage or overcrowding, when I went I was overwhelmed when the property owner asked us to leave because other tenants a wan… read more
Debra
Debra
Lawyer
104,505 satisfied customers
I'm a freelance writer/planner and I have a non-paying
Hi there, I'm a freelance writer/planner and I have a non-paying client that happens to be a department of a Canadian (national) government agency. Is there someone here who can answer questions re: t… read more
Debra
Debra
Lawyer
104,505 satisfied customers
I am looking for the form and wording required to submit
I am looking for the form and wording required to submit with my application for divorce to add a quit claim for the jointly owned property under the condition that she puts the mortgage in her name w… read more
Debra
Debra
Lawyer
104,505 satisfied customers
I would like to know if it is included in harassment if i
i would like to know if it is included in harassment if i called someone "peasant" ? … read more
Debra
Debra
Lawyer
104,505 satisfied customers
My husband left the matrimonial home in february stating
My husband left the matrimonial home in february stating that I could stay in the home and pay the expenses and he would go live in our rental unit which was tenanted and the income paid all expenses … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,168 satisfied customers
I'm in a hospital at womens hospital i had to call 911 cause
I'm in a hospital at womens hospital i had to call 911 cause i was on so much pain on my abdomin and I had to have a surgery done cause they said they think that there's something in my abdomin so the… read more
Debra
Debra
Lawyer
104,505 satisfied customers
Quebec. I am a Canadian citizen and resident. I am planning
I am a Canadian citizen and resident. I am planning to leave Canada soon and travel most of the time. I will become a tax non-resident of Canada I previously had a job with the federal government; what happens to my pension and benefits when I leave Canada? I work as a freelancer now … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I had a discussion with a business through facebook today
Hi! I had a discussion with a business through facebook today and they did not approve of my views. I promise I was only kind and respectable. They contacted my place of work and told my manager that … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I am an employee of a company Registered in US. The company
I am an employee of a company Registered in US. The company has client in US and Canada and office in US and India. We would like to file long term work visa for one of our India based employee. Given we are not registered in Canada, can we file work permit for someone who is Indian citizen? … read more
Debra
Debra
Lawyer
104,505 satisfied customers
On the transcanada highway entering Dorion from the west the
On the transcanada highway entering Dorion from the west the sign for Meyers Road East is missing. This is a dangerous turn at best but without the marker there could be a serious accident … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I am having a problem with wsib and i need to talk to a
I am having a problem with wsib and i need to talk to a lawyer … read more
Debra
Debra
Lawyer
104,505 satisfied customers
My wife and I are in the process of applying for our FSW PR
Hey! My wife and I are in the process of applying for our FSW PR Express Entry Canadian immigration visas … read more
Debra
Debra
Lawyer
104,505 satisfied customers
Kaur chaniana and I want let you know that I am stuck in big
Hi there, My name is ***** ***** chaniana and I want let you know that I am stuck in big problem. I need your help … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I am creating a tourism website that pulls in content and
I am creating a tourism website that pulls in content and images from various tourist attractions in the region. Can I legally use images and content from other sites if I credit the source and am poi… read more
Debra
Debra
Lawyer
104,505 satisfied customers
If ever I have made a consent for refusing to take a
Hi, if ever I have made a consent for refusing to take a treatment for sickness one time, is that mean I can't change my mind and take the medical treatment? … read more
Debra
Debra
Lawyer
104,505 satisfied customers
I have a time shair at Banff Gate Mountain Resort for more
My name is***** and I have a time shair at Banff Gate Mountain Resort for more then 17 years . and I can nowlonge pay the yearlly maintenance Fee's on retirement income I gust want to walk away from i… read more
Debra
Debra
Lawyer
104,505 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