Divorce / separation question

[OpenGambit]

please provide credentials for your opinion

spending gobs of time debating on a motorcycle forum smells like hungry paralegal or crusty retired hack

Maybe you can ask your kid to teach you how to use the search function.

 

[OpenGambit]

Now now - we don't have to be Perry Mason about this - there are a LOT of urban myths about separation out there so lets dispel them constructively - but OpenGambit is right - there is no house abondonment issues that prejudice your case if you leave. I did so out out of self preservation - as hard as it was as I also had two almost teenaged kids - you cannot believe how hard that is but you have to look at the long term picture.

It wasn't meant to be a mean comment, I just want to know how that idea came about. A lot of people misread laws ( and this forum is proof of that ).

 

[funrider]

please provide credentials for your opinion

spending gobs of time debating on a motorcycle forum smells like hungry paralegal or crusty retired hack

Maybe you can ask your kid to teach you how to use the search function.

Boys boys.. - to prevent the thread from being hijacked - OG is no doubt a lawyer - I thought a litigator but asked an OSC comment question a while back so I'm not sure - securities law?....I don't think it necessary that one has to spend time reviewing threads to determine pedigree....

 

[funrider]

It wasn't meant to be a mean comment, I just want to know how that idea came about. A lot of people misread laws ( and this forum is proof of that ).

I agree - that is why I don't post a lot...my post count is low - there is so much misinfomation in this forum but I do jump in where I see material misinformation that could be life changing if followed - like staying in a house with a spouse that is trying to hang you (house abandonment issue for example). We don't all have the benefit of law degrees or first hand experince.

 

[OpenGambit]

I agree - that is why I don't post a lot...my post count is low - there is so much misinfomation in this forum but I do jump in where I see material misinformation that could be life changing if followed - like staying in a house with a spouse that is trying to hang you (house abandonment issue for example). We don't all have the benefit of law degrees or first hand experince.

Your word use also gives away your industry.. "material misinformation". That comment letter on the exemptions ended up going in BTW, its on the OSC website.

 

[funrider]

Your word use also gives away your industry.. "material misinformation". That comment letter on the exemptions ended up going in BTW, its on the OSC website.

i know - i contributed - I also pm'd you

 

[nobbie48]

The reason behind this is to mitigate the risk of the other person filing that you have abandoned the house. If that works then the house is in the other name only and you get nada. You can still fight this in court... but lets be honest, non of us average joe's have the money to throw around to make this option worth while.

I believe this is a genuine concern for Panama according to a sister in law down there. Canada, not likely in the short term.

Another factor is real estate prices. Rural NS properties are a small fraction of Toronto prices. Their lawyers may be slightly cheaper but one has to be careful not to spend more defending the fort than it's worth.

 

[AngelEyez]

Superphreak's advise was the best advice I think. If there's no chance of reconciliation then he should stay OUT of the house so that a dispute about the date of separation doesn't extend any further into time. He probably shouldn't make any large purchases or investments until the date of separation is agreed upon by both parties and formalized. He should go see a lawyer or go to the Family Law Clinic - where he can get free qualified advice - rather than seeking advice on GTAM forums... lol! (PS: the foregoing does not constitute legal advice and is only the opinion of the writer.)

 

[Tornique]

It wasn't meant to be a mean comment, I just want to know how that idea came about. A lot of people misread laws ( and this forum is proof of that ).

I couldn't read a law if it was tatoo'd to my arm. That's what I understood from my 30 minutes of free legal, I was advised to stay in the house (self preservation issues not withstanding) and this was to cut down on frivolous avenue's of legal attack, one of them being filing for abandonment after three months(?)

I wouldn't doubt that i misunderstood him, but if you can prove what he said had no merit then I'd be better served for it.

 

[OpenGambit]

I couldn't read a law if it was tatoo'd to my arm. That's what I understood from my 30 minutes of free legal, I was advised to stay in the house (self preservation issues not withstanding) and this was to cut down on frivolous avenue's of legal attack, one of them being filing for abandonment after three months(?)

I wouldn't doubt that i misunderstood him, but if you can prove what he said had no merit then I'd be better served for it.

That is currently not the law in Ontario. No I am not going to "prove" that your guy was wrong.

 

[Tornique]

That is currently not the law in Ontario. No I am not going to "prove" that your guy was wrong.

Perhaps "prove" is too strong a word, trust me I'm definitely not a word games type of guy. I'm just asking for your opinion, I don't mind that I have things wrong and someone sets me straight. I'm just sharing my own experience.