Marital home - legal advice

[BritishCanadian]

So back at the start of early October, after arriving home from work I was greeted by my wife and her -enter graphic insult- friend, and was asked to leave. Being a man with morals, I didn't want to disrupt the children so voluntarily left the marital home; the house is in both our names.

I have spent the last 6 weeks pretty much in a bad place. I managed to get staff housing as I have nowhere to go, but that is temporary. Hence my earlier post trying to get on the rigs, as I want to make a fresh start, and the money will get me back on my feet.

Today I woke up and finally decided to start looking after myself; was nice to pull the curtains and let some light in.

This leads me to my post, as I want to know what my legal rights are, and right now i don't have money for a lawyer, so I am hoping someone on here may have gone through the same, and would be able to offer the legal advice they gained.

Very simply; does she have any right to make me, or is she able to force me to sign the house over to her? Also, do i have to make arrangements with her to go to and enter the house, if i jointly own it with her?

[Djm2u]

Good info can be found here:

http://divorce-canada.ca/property-divorce-laws

From personal experience and not knowing your situation. The best advice I can give you is keep your cool and never let your emotions get the best of you. If things are bad always document and have a friend with at all of your meetings. This will help protect you if things get ugly. Play to win don't make it easy for them by loosing your temper. If your partner will agree try to use mediation to sort things out as Lawyers only complicate things.

I wish you the best. Don't waste time on what was and focus on starting fresh. Trust me on all of the above I wasted 4 years trying to be right and it got me nowhere fast.

Hope this helps....

[Djm2u]

Opps almost forgot this is another great resource to find info on your personal rights......

http://www.albertacourts.ab.ca/Court...5/Default.aspx

[rugatika]

Go to legal aid or something. You NEED to talk to a lawyer or you are going to take it up the hoohaw. I would also never advise leaving the home either. Noble to care about the kids like that, but....

Go get legal advise no matter how you do it.

I'm sure others will chime in soon enough, but I think you may want to get back into the house ASAP. Not sure what you have for valuables etc in there, but intuitively, to me....leaving the house seems like a bad idea.

But the important part is to ignore everyone on here and GET SOME LEGAL ADVISE!!! (from a lawyer).

[javlin101]

I did the same, left the home for kids sake and it was a mistake. Once you leave it is very easy for her to get a judge to block your access. Believe me judges will side for a mother with children vs the husband. Talk to lawyer, see if one will work out a payment plan but get lawyer. Record or have everything in writing when dealing with her. Also try your hardest to get along and work with your wife cause you have no idea how ugly she can make you life,, trust me on that one.

[coastalhunter]

Do you own guns? Are they at your house? They need to be removed by a friend who is licensed and stored by him if this is applicable.

[Redfrog]

Get a lawyer. Initial conference is usually free. There are a couple on this board I believe. Hopefully one will contact you or post here.

Get a lawyer. Get a lawyer. oh yeah, get a lawyer.

[NewAlbertan]

If I could suggest. You need to walk down the road to divorce. So, u need a separation agreement. There are freely available templates, check the govt websites.
Include access and housing arraignments. She can't force you to sign it over, it is to be negotiated.
The separation agreement should outline use and access as well as bills and liability for the short term - ie the year before you can file for divorce.
Best to remain civil and try I negotiate a fair arrangement in the year, then try your best to Part ways.
Gl. Move on. Take care.

[hafwit]

every one will have advice. but trust me on this. there will be better days ahead, and joy will eventually replace sorrow. don't let this consume you. your best revenge is to live a happy fulfilling life. there are people in this world who actually care about you. lean on them.

[3blade]

Lots of ways to go about it, as detailed above. Depends on what you want. If you want to be involved with the kids, be prepared for a really nasty fight and losing a lot of time and money. Only you can decide what it's worth. While I commend the attempt at not "disrupting" the children, that horse has long been outta the barn. They read you both far better than you think.

The money you have in the house is likely gone either way. She is amicable because she is setting you up to get stripped of your wallet and dignity. Watch what happens the first time you disagree with her now. Or don't.

IMHO, life's too short. Head for warmer sands and prettier girls, and let the cow deal with the payments. Sounds like you don't have a set career (willing to jump to the rigs - bad idea, that's more gold to dig out of you) so Central America may be nice (English speaking fishing guide?) or Australia has plenty of general work that you can get by with until you figure out what's next. NZ has as good or better hunting than here. Grab what you can, sell it for cash, and get out.

you don't want to be looking back at 5-10 wasted years.

[Mudzbogger]

First, make sure you fill out the paperwork to ensure you have guardianship of your children now, yes makes no sense but do it now. Second enroll in parenting after separation. Third, get a lawyer and a good one at that because while as some have said she is nice now, there is a reason for it. Why else would she have told you to leave without trying to work it out first

Don't know where your at but if in Calgary, Joyce Stuber is one of the best