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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1 (permalink)  
Old 12-04-2005, 07:43 PM
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Default Kicked out - no money, no work permit, no help

Hi all,

I sure need help and advice, and I would like to ask for that here.

The people involved:
me (53) was married before for 30 years, 3 kids,
wife (49), was married before for 17 years
my daughter (22), not married (on a student visa, no work permit)
my wife's children (18+ and 20) not married

The situation:
I came to Canada as a visitor, met my now wife and married her in Feb.
2004. Since then I am on a visitor visa which is extended every 6 month, for
a whole year the last time (until may 2006) (conditions on this visa: i am not
allowed to work or attend any school or college).

I have applied for permanent residents for me and my daughter in Vegreville
and got a file number in September 2005, so they are working on it.

Monetary things:
My wife is a nurse, works two jobs and earns around 100 - 120.000 gross a
year. I am a translator but not allowed to work. I have some assets which
get smaller by the day. She owns a house, two cars. The house is by
contract after marriage hers, now and after she dies it goes to her younger
daughter. I have then the right to live in the basement life long without
paying rent (I can also rent it out and take the rental money). Further
in the contract is written that she pays the utilities.

Now during our marriage my son was over here lived in the house and I paid
for the school for him to learn English. 1 1/2 years ago my daughter came
over from Germany too (son is back there) and goes full time to college here
(8 month in total - ends March 2006), I pay the tuition ($850/month +
books, bus, pocket money...), I pay for my and her, cigarettes, cold cuts,
bread, drinks, things of regular life, including dentist, doctor, medicine.

My wife pays the mortgage, the insurance for the cars, family plan for
mobile phone, Internet, TV rogers), her life ins., her RRSP, the new addition
to the house ($ 60.000 just for the contractor), sometimes for meat to eat,
the rest of the food is picked up at a store that throws it out because of
overdue or over production for the day.
And she pays for horseback riding for herself and her youngest daughter
(18+). When I came into the house these expenses reached up to $ 3.000
(sic!) a month, went then after a while down to $1.200-1.500 a month and
are maybe around $800 now. The fact that she is spending extraordinary
amounts of money for horseback riding is already mentioned in her divorce
papers of her 1. marriage.

She refused to pay anything for my kids (education) or for a health ins. for
me and for the kids. So I am still without any health insurance (would be
$300/month). She refused to pay anything in respect of immigration (lawyer,
visa cost, cost for applying for landed immigrant status).
I have insight (over the Internet) into one of her accounts and I think still
into the visa card. The second account I have no means to get into and I
don't know what is on it but (maybe) all the money of the 2. job goes there
ca. $6.000/month.

The trigger:
After an argument (and there are lots of them, mainly started by her) on
Monday 28. Nov. 05 she told me that it is over and that I and my daughter
have to move out until Saturday 3. Dec. 05. Five minutes later she phoned
the immigration and put her support (which she signed for) on hold. I told
her that I have no money to move out and rent a flat. Comment " I don't
care". I told her that I have no work permit and can not provide for myself
and my daughter. Comment " I don't care".
I went then to inform me if she can just kick me out and was told in the
office of a federal member of parliament that yes. It is her house. And -
because I am not Canadian (not landed or anything) in any way I am a
"tourist" that is married to a canadian citizen, with no access to health care,
social welfare or legal aid.

The actual situation:
She went to Florida for 1 week for work 3. Dec. 05 and will be back 10. Dec.
05. I am still in the house but want to move out. I can support myself for
ca. 2 month in an apartment. I have left everything back in Germany (for
the 1. wife - in the divorce) there is nothing for me to go to.

Questions (because I do not know anything about Canadian family law)
How can I earn money without permission?
What can I take out of the house?
Can I take one of the 2 cars?
Can I take money from the bank?
How do I secure my interests?
How do I pay a lawyer if I need the money for the rent?

Precise question:
She gave me a check over $10.000 to give to the construction company
drawn on the common account. Can I do something with that?

Sorry, I hope I do not ask too much from people that volunteer to give
advice. But I have to grab every straw I can find.

Thanks in advance
  #2 (permalink)  
Old 12-05-2005, 12:55 PM
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Did you sign any prenuptual agreements before you got married.
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Old 12-05-2005, 08:44 PM
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Hi,
I do not know exactly what you mean by that. The only thing I signed was that contract about the house.

phaidros52
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Old 12-05-2005, 09:24 PM
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Let me see if I understand this correctly.

Your wife works two jobs. You contribute nothing but expect your wife too support you and your adult children (from another marriage). You have been married less than one year.

And your upset that your wife takes horseback riding lessons or needs a vacation to Florida. If I was working two jobs and had a spouse like you, I'd also need some sort of recreational activity to enjoy!!!

If you take the $10,000 meant for the contractors, and use it for yourself this would be fraud and I hope that you would be charged under the criminal code.
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Old 12-05-2005, 10:16 PM
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phaidros52,

The contract you signed in regards to the house sounds like a prenuptual agreement of some sort.

Have you thought of still appying for canadian citizenship or landed immigrant status. I suspect you would be entitled to get legal aid and social asistance at this point and would help you maybe seek employment and get back on your feet.

You have to get your immigration status straightened out first.
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Old 12-05-2005, 11:52 PM
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Quote:
Originally Posted by Grace
Let me see if I understand this correctly.

Your wife works two jobs. You contribute nothing but expect your wife too support you and your adult children (from another marriage). You have been married less than one year.

And your upset that your wife takes horseback riding lessons or needs a vacation to Florida. If I was working two jobs and had a spouse like you, I'd also need some sort of recreational activity to enjoy!!!

If you take the $10,000 meant for the contractors, and use it for yourself this would be fraud and I hope that you would be charged under the criminal code.
I agree here Grace.
it sounds like you only married her for the money.. now I know that is harsh but this just sounds really sus to me.
Taking the money would be equivelant to stealing in my books.
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Old 12-06-2005, 10:17 AM
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Hi,
maybe I was not clear enough with what I wrote.
Carefull reading my text would bring out that I am NOT ALLOWED to WORK because of the visa that gives me a "temporary resident" status in Canada. That is the same as a tourist!
I start working tomorrow if I have a work permit. That I am only here to take her money is strange to me. I did not claim anything from the house. It is all hers. I pay for what I use and with the leftover of money I had in the beginning, and which is coming to an end soon.
The immigration stuff is in the pipline (Vegreville) but she has put her sponsorship on hold. I can not help it that it takes 8-10 month in the immigration system.

phaidros
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Old 12-06-2005, 11:41 PM
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Is there any way you can get a work permit?
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Old 12-07-2005, 06:09 AM
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Unhappy

At least there is no way that I am aware of.
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