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My husband fraudulently transferred half of my Whistler

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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: 3 months ago.Category: Canada Law
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Answered in 2 minutes by:
3/29/2018
Lawyer: Debra, Lawyer replied 3 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,548
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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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Lawyer: Debra, Lawyer replied 3 months ago

I am sorry to hear this.

But what is your specific question please?

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Customer reply replied 3 months 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 3 months 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.

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Lawyer: Debra, Lawyer replied 3 months ago

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

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