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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 01-13-2006, 05:08 PM
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Duped is on a distinguished road
Arrow So I put together a letter..

Here is the letter I have put together, I will have to pass it by my lawyer...

I have removed all names and addresses

-------------------------------------------------------------------------

Request for Investigation

(my name)
(my address)

January 13, 2006

To whom it may concern;

My separated spouse (ex's name) left on July 22, 2005 and moved to her parents’ home at (parent's address).

On August 10, 2005 (ex's name) signed over her interest in our home at (my address) to her bankruptcy trustee.

On her bankruptcy documents signed Aug 10, 2005 (ex's name) listed her address as (parent's address).

On Aug. 11, 2005 (name of 3 individules) entered my home at (my address) and removed a large number of items including all appliances and electronics. (Please see attached list of missing items)

On August 11, 2005 my neighbour (neighbours name) at (neighbour's address) witnesses these three individuals moving out items into a moving van and talked to them, she stated that she knew something was wrong because she could see the damage. Please see attached copy of statement.

The significance of the above stated details is that as of August 10, 2005 (ex's name) no longer had legal authority to enter my residence or send her agents into my residence.

Legally, when those three men entered my residence without my knowledge or permission they were essentually breaking and entering, and therefore any items removed should be considered a theft.

Based on this information I would like for the police to investigate and if so determined, charges to be laid.


Sincerely,
(my name)

-------------------------------------------------------------------------

I would greatly appreciate feedback and/or suggestion/corrections

Thanks again
Duped
  #12 (permalink)  
Old 01-13-2006, 05:43 PM
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Default

Wow, Duped; I came into this late, and can't offer any legal advice, but I do want to say that what she did was LOUSY, and I'm sorry you've had to go through all that.

I am wondering about a couple of things, though. First, if she signed her interest in the home over to a bankruptcy trustee who is hired by her, that wouldn't be the same as signing over her interest in the home to you, would it? Secondly, you said she informed you of the separation on August 12th? How did you not know about it prior to that? Do you work away from home or something? Also, you've included in your letter a list of the things that were taken from the home; are they all things that you would view as "yours" and would want theft charges on, or are some of them things you would view as being jointly owned between the two of you and needing to be split and/or negotiated in some way? If you don't expect to charge her with theft of all the items listed, you may need to add to your letter something to that effect, and include further details. For example, if she took appliances, electronics (which are likely considered matrimonial property and therefore, jointly owned) as well as her personal items (say clothing), AND your personal items (again, say clothing), you'd likely want to push theft charges on YOUR belongings, and a portion of the shared belongings, but not her personal belongings (like her clothing). Just curious about it all.

Good luck, though; she did a really crappy thing, IMO.
  #13 (permalink)  
Old 01-13-2006, 05:50 PM
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Default Matrimonial Home

In Ontario family law, a property is a matrimonial home if it "was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence." The fact that someone later transfers their interest in the property to a trustee in bankruptcy does not change this.

I'd discuss with your lawyer the possibility of changing the locks on the door of your house. While you can't legally do this without having exclusive possession of your home, I think your lawyer could argue that you have de facto exclusive possession as your wife has been living with her parents for 5 months now.

From what I've seen, the police and the courts aren't going to do much to help you. For family law purposes, household good are normally valued at "garage sale" value, which is not normally much. As Grace said, the legal fees involved in fighting it may not be worthwhile. However, I'd still argue in court that she should return some of the jointly owned household goods at her expense.

One thing in family law is that optics of a case matter as much as the law itself. I think that your wife's actions are going to put her into a bad light in court.
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  #14 (permalink)  
Old 01-13-2006, 05:51 PM
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god knows the truth will become famous soon enough
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WOW...intelligent, spiritual, and sensitive(re:watching soap opera)ha . How did your wife ever let you go?!!(insert smiley face). If all of us on the forum put a compilation of our lives together it would be the most-watched/read(of COURSE we'd also have book form---go for the gold) of all time.
Actually there's so many of those reality shows on t.v. today, that ours would dominate the airwaves. In our acceptance speech for the golden glode award(or whatever they call it) we'd have to thank our ex s because they MADE IT ALL HAPPEN!!!! ha.ha.
  #15 (permalink)  
Old 01-13-2006, 06:06 PM
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Default I intend to write a book at the end..

I will publish a book detailing everything and the overall effect that the situation has had on our lives, I believe I will even include a chapter directly from my ex's words as I have had to have all correspondence reduced to email and registered mail only.

Thanks for the help and kind words
Duped
  #16 (permalink)  
Old 01-13-2006, 06:38 PM
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Default Clarify...

Quote:
Originally Posted by sasha1
Wow, Duped; I came into this late, and can't offer any legal advice, but I do want to say that what she did was LOUSY, and I'm sorry you've had to go through all that.

I am wondering about a couple of things, though. First, if she signed her interest in the home over to a bankruptcy trustee who is hired by her, that wouldn't be the same as signing over her interest in the home to you, would it? Secondly, you said she informed you of the separation on August 12th? How did you not know about it prior to that? Do you work away from home or something? Also, you've included in your letter a list of the things that were taken from the home; are they all things that you would view as "yours" and would want theft charges on, or are some of them things you would view as being jointly owned between the two of you and needing to be split and/or negotiated in some way? If you don't expect to charge her with theft of all the items listed, you may need to add to your letter something to that effect, and include further details. For example, if she took appliances, electronics (which are likely considered matrimonial property and therefore, jointly owned) as well as her personal items (say clothing), AND your personal items (again, say clothing), you'd likely want to push theft charges on YOUR belongings, and a portion of the shared belongings, but not her personal belongings (like her clothing). Just curious about it all.

Good luck, though; she did a really crappy thing, IMO.
She signed her interest in the property over to the trustee who has told me that she said to him she wanted nothing out of the home, however he refuses to give me a letter to this effect. On her bankruptcy papers she claimed $2000 for belongings and $1000 for personal effects. Just her wedding ring is valued at $2000. I should note that almost everything was new or almost new, including large electronics purchased in mid summer.

As for the separation, she decided to leave in early spring, she does not remember the exact date, however I knew of nothing and believed we were happily married. I should also state that we were always extremely intimate and expressive with each other until the morning of the 22 of July when she left for her parents home under the guise of a visit, and yes, I work out of town sometimes for a week at a time. I was informed via email on the 12 that she had left and declaired bankruptcy and emptied the home of its contents. On the evening of the 11th we talked on the phone and she told me she loved me and that she could not wait to get home, etc... She was lying the whole time to me and only after calling her did I find out that she has not loved me for 2 years and that she decided and began planning to destroy me and take our entire life with her. Hence the nick DUPED. It should also be noted that her parents are stinking rich and she uses them like her own personal ATM machines, and always has.

In our home like all homes are items that are jointly owned and individual items that each person can claim as their own personal items. The list is all of the items that I can remember as having in the home, being that the home was completely cleaned out, with the exception of a few books and a curtain. So yes, there would be some Items listed that would be personal items.

What would happen to items purchased after the date of separation, can she keep those too, or can I claim those as stolen?

As long as charges are laid I could care less for the details...

Thanks

Duped
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