We came to Canada in 2002 and then again in 2003. We bought house (jointly) in 2005.
MY wife did not want to cont. our relationship so we have been living seperately since FEb 2007. I tried o solve the problem of division of proerty mutually but she is trying to send me a notice thr lawyer. We have two kids , Son 20 yeras, daughtr 9 Years.
Back home I have a house in my name. I bought it by taking loan from PF . LAter my co. offerred me some prferential shares based on years of service .
My question is , how the Canadain rules apply to property at back home ?
As shares and house are in my name can I get the money.? Or CAn Idivide the shares according to the price of the shares at the date of seperation?
I shall appriciate any guide line for the subject matter.
PS: I tried for lawyers too but I simlpy can not afford their fees.
Location: God's own country
Posted on: 14-04-08 11:45:57
Solaris,
Though I fully sympathise with you, I must higlight that this is not the correct forum to air such complesx questions. As of now, We donot have a Canadian trained civil lawyer who can advise you for free. I am sure that Freddie of this board would be able to direct you to low cost alternatives / pro-bono lawyers (if you are eligible).
Peace out
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I am a Gents and not a Ladies.
I am not a lawyer - My understanding is that Canadian court's decision cannot be directly enforced in India. But after filing a similar case in an Indian court, it can be. Still, if you are physically in Canada, probably you can be implicated for not obeying Candian courts order.
Get a lawyer - that is the best thing, especially if you are planning to live in Canada. Check out http://www.pblo.org/
So, please try and keep it as feasibly closer to your hearts as possible.
First is counseling and reconciliation.
If not successful then,
The second is settlement through arbitration (First through friends)
Not your friends, through her friends, one that she will talk and listen to.
Because the lawyers take the lion's share. There are settlements
that are done between the two of you with 'no contest', that is the best.
Third, keep a cordial relationship and settle amicably, by conceding to
what ever that is demanded, or agreed upon. (If it is not unreasonable)
Fourth, GET VISITING rights for your kids. Keep up those visits, come
hell or high water. Also add rights to communicate with children in a
daily or weekly basis. (During earthly hours)
Fifth, but not the last, Payments to stop or to be decreased or shut down
if the partner co-habits or gets married after the agreement is signed. Ans also
when the children move out.
You both have been married for the past 21 years plus, it is a very long time
in any book. They will take your pension, your RRSP, your current assets and liabilities and every cent that you ever owned, unless you can load it into a safety deposit box or into a vault or stuff all of it into a mattress.
There is no way out of it, if you have not taken proper steps by now. Also keep
up with the payments, promptly.
A good Lawyer will charge her $3000.00 and if has the capacity, you did
provide her with it already?
If you both can decide to sell and take half of the property and settle for
a decent sum as alimony, then, you both will be able to move on in life.
Otherwise, all of the educational expenses and other incidentals will
not only chew into your pay, it will ruin your bank balance with the
payment of Alimony and the other expenses associated with the house
and that does not take into account the lawyer's fees and other incidentals.
You must remember that your whole life will flash in front of you and it
will be aired and also printed into every scandal sheet and magazine that
you see in the grocery checkout line, here and all over Canada. So, be appreciative of your spouse and be willing to do what ever that is within your means and settle this issue amicably.
Keep it as short and sweet as possible.
That is my fervent request to you and your spouse too.
Hope this helps you both move on in life from here on.
Good Luck.
Freddie.
Please read this web site: http://www.attorneygeneral.jus.gov.on.ca/english/family/
http://www.divorcemag.com/ON/
Arbitration: http://www.attorneygeneral.jus.gov.on.ca/english/family/arbitration/legal_structure.asp
FORMS: http://www.ontariocourtforms.on.ca/english/family
SOME LEGAL TERMS THAT YOU MIGHT COME ACROSS.
http://www.canlii.org/on/laws/sta/f-3/20040802/whole.html
