Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Reference

Reference Important threads

Reply
 
LinkBack Thread Tools
  #21 (permalink)  
Old 10-20-2013, 10:19 PM
Senior Member
 
Join Date: Oct 2012
Posts: 146
smileandwalkaway is on a distinguished road
Default

I was not on the title of our matrimonial home. I moved out leaving everything but some personal belongings. I did take pictures of everything I took and everything that was left behind. Later when arrangements were made for me to return and get items the house was virtually empty as ex had moved in with a gf and taken everything. I took pictures of the house and contents at that time because it was all in very rough shape. I took a few items in my car. Ex got hostile that I did not take away the trash. I showed my lawyer all these pictures and he did not nothing. I left my marriage with personal belongings, that is it, and the law did not help.
Reply With Quote
  #22 (permalink)  
Old 10-20-2013, 10:42 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by smileandwalkaway View Post
I was not on the title of our matrimonial home. I moved out leaving everything but some personal belongings. I did take pictures of everything I took and everything that was left behind. Later when arrangements were made for me to return and get items the house was virtually empty as ex had moved in with a gf and taken everything. I took pictures of the house and contents at that time because it was all in very rough shape. I took a few items in my car. Ex got hostile that I did not take away the trash. I showed my lawyer all these pictures and he did not nothing. I left my marriage with personal belongings, that is it, and the law did not help.
Sorry to hear.
Reply With Quote
  #23 (permalink)  
Old 10-20-2013, 10:45 PM
Senior Member
 
Join Date: Oct 2012
Posts: 146
smileandwalkaway is on a distinguished road
Default

Thanks. Just add this one example to the list of examples where the system has failed... Kinda gives you a feeling if why I hold little faith in systems. The theory is good but reality does not necessarily match-up.

But seriously, it's no big deal in the big picture of life. It is just "stuff".
Reply With Quote
  #24 (permalink)  
Old 10-21-2013, 12:38 AM
Senior Member
 
Join Date: Feb 2013
Location: GTA, ON
Posts: 537
Mother is an unknown quantity at this point
Default

Quote:
Originally Posted by plainNamedDad44 View Post
Report him to LSUC. LSUC has now confirmed they are proceeding with investigating my jackass lawyer, who I also had assessed and managed to cut his bill in half
We are no longer with this lawyer. So don't want to bother. You can't have two or three wars or else it will consume you completely. We discharged him after one month. He screwed up thing after thing after thing. So one month was more than enough and so no much to report to LSUC.
Reply With Quote
  #25 (permalink)  
Old 10-23-2013, 12:18 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Default

I am now contemplating a motion for an iterim order requiring her to provide advance notice of her entry of the marital home as well as the purpose of her entry. This motion would be based on her previous behavior of coming into the home and removing items.

Is this reasonable ? Is her previous behavior sufficient grounds to seek such an order ? Would a judge baulk at this ?

As usual, thanks.

Last edited by plainNamedDad44; 10-23-2013 at 12:22 PM. Reason: grammar
Reply With Quote
  #26 (permalink)  
Old 10-23-2013, 01:20 PM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

You base your motion this way:

You are seeking an order for exclusive possession of the home;

You are seeking a restraining order limiting the other party to supervised access of the home if legitmate reasons are provided, during regular business hours with 24 hours notice;

You have been living exclusively in the home for xxx months;

The other party moved out of the home on (date);

The other party has had a permanent residence at (address) since (date);

The other party retrieved their personal possessions on (date) and to your knowledge there are no other personal possessions belong to the other party on the premises; (NOTE: if there are, pack these in boxes and store them in a secure location on the premises, such as in the garage; this would mean the other party no longer has legitmate reason to search the house.)

If such possessions were on the premises you would be happy to provide access at a preassigned date and time;

The other party has been accessing the premises on random dates and times, record attached;

You feel that the other party is repeatedly accessing the property for no legitimate reason, and is acting out of reasons of hostility and harassment; (NOTE: Your "feelings" of harrassment are a legitimate, legal reason for a restraining order)

You are entitled to privacy and security of your belongings the same as any other tenant, homeowner, or resident of a property;

You have concerns that the other party may invade your home after hours or when you are sleeping, or may seek access without warning at any time;

You therefore feel unsafe in your own home; (NOTE: This is a legitimate statement of fact, and an important part of your application.)

You are willing to allow the other party reasonable access for legitmate reasons with 24 hours notice, during regular business hours (or other times you prefer.) (NOTE: I would suggest you require the presence of a reliable 3rd party at these times, such as a trusted neighbour. The neighbour could be provided with a key. This of course requires the agreement of the neighbour. Include this if possible in your motion application.)
Reply With Quote
  #27 (permalink)  
Old 10-23-2013, 03:33 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by Mess View Post
You base your motion this way:

You are seeking an order for exclusive possession of the home;

You are seeking a restraining order limiting the other party to supervised access of the home if legitmate reasons are provided, during regular business hours with 24 hours notice;

You have been living exclusively in the home for xxx months;

The other party moved out of the home on (date);

The other party has had a permanent residence at (address) since (date);

The other party retrieved their personal possessions on (date) and to your knowledge there are no other personal possessions belong to the other party on the premises; (NOTE: if there are, pack these in boxes and store them in a secure location on the premises, such as in the garage; this would mean the other party no longer has legitmate reason to search the house.)

If such possessions were on the premises you would be happy to provide access at a preassigned date and time;

The other party has been accessing the premises on random dates and times, record attached;

You feel that the other party is repeatedly accessing the property for no legitimate reason, and is acting out of reasons of hostility and harassment; (NOTE: Your "feelings" of harrassment are a legitimate, legal reason for a restraining order)

You are entitled to privacy and security of your belongings the same as any other tenant, homeowner, or resident of a property;

You have concerns that the other party may invade your home after hours or when you are sleeping, or may seek access without warning at any time;

You therefore feel unsafe in your own home; (NOTE: This is a legitimate statement of fact, and an important part of your application.)

You are willing to allow the other party reasonable access for legitmate reasons with 24 hours notice, during regular business hours (or other times you prefer.) (NOTE: I would suggest you require the presence of a reliable 3rd party at these times, such as a trusted neighbour. The neighbour could be provided with a key. This of course requires the agreement of the neighbour. Include this if possible in your motion application.)
Most excellent. Again, thank you.
Reply With Quote
  #28 (permalink)  
Old 10-23-2013, 11:10 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,413
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by plainNamedDad44 View Post
I am now contemplating a motion for an iterim order requiring her to provide advance notice of her entry of the marital home as well as the purpose of her entry. This motion would be based on her previous behavior of coming into the home and removing items.

Is this reasonable ? Is her previous behavior sufficient grounds to seek such an order ? Would a judge baulk at this ?

As usual, thanks.
Does this mean you have decided to not simply change the locks and advise her of the change?
Reply With Quote
  #29 (permalink)  
Old 10-24-2013, 04:00 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Talking

Quote:
Originally Posted by mcdreamy View Post
Does this mean you have decided to not simply change the locks and advise her of the change?
She is on title, If I change the locks, she can use a locksmith, crowbar, or C4 to get into her own house.

The good news is I wrote a letter threatening a motion based on Mess's excellent input and they have now agreed to provide notice prior to entry.

They seem much more cooperative after having been trounced on last Fridays motion. I can hear Aretha Franklin in the background... "R - E - S - P - E - C - T"

Yes, I am still gloating and will be for sometime.
Reply With Quote
  #30 (permalink)  
Old 10-24-2013, 10:13 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,413
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by plainNamedDad44 View Post
She is on title, If I change the locks, she can use a locksmith, crowbar, or C4 to get into her own house.

The good news is I wrote a letter threatening a motion based on Mess's excellent input and they have now agreed to provide notice prior to entry.

They seem much more cooperative after having been trounced on last Fridays motion. I can hear Aretha Franklin in the background... "R - E - S - P - E - C - T"

Yes, I am still gloating and will be for sometime.
lol, gloat away. I would have thought, given she moved out and is now far away, she would have simply respected your change of locks and allowed you your privacy - but, I guess, you can't rely on common sense and some consideration, can you.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Variation - Spousal Support and MARITAL PROPERTY atlanticcanadian Financial Issues 1 05-11-2013 10:07 PM
Debt at time of marriage - good or bad? goosie77 Financial Issues 9 02-13-2013 10:10 AM
Is this marital property? rozark Financial Issues 14 07-04-2012 01:28 AM
Debt before marriage newone2010 Financial Issues 11 07-02-2010 10:59 AM
Needed advices for prenuptial agreement and matrimonial property. davidyuz Financial Issues 4 06-16-2006 01:13 PM


All times are GMT -4. The time now is 07:08 PM.