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  • A question of residence

    This is confusing but here goes,

    My ex left on July 21, declaired bankruptcy on Aug 10 where she put down her address as her parents home and not as the matrimonial home, on Aug 11 my ex sent her father and 2 friends into my home to empty it out. Informed me on Aug 12 of separation.

    If she claimed her residence as her parents home on legal documents, did she have a legal right to send her agents into my home the following day?

    Could that be considered break and enter?

    Confused always

    Duped

  • #2
    No, it would still be considered the matrimonial home. This would only work it you have exclusive possession of the home, by mutual consent or court order.

    As far as her taking everything, it is a sad story and completely unfair. If you fight for your possessions back, through lawyers and court proceedings you may find that the legal costs out way the content value.

    Comment


    • #3
      Confused still

      Does her moving away, and signing over her share of the equity in the property not give me exclusive posession of the matrimonial home automatically.

      Thanks Duped

      Comment


      • #4
        Oh My God...

        Originally posted by Grace
        No, it would still be considered the matrimonial home. This would only work it you have exclusive possession of the home, by mutual consent or court order.

        As far as her taking everything, it is a sad story and completely unfair. If you fight for your possessions back, through lawyers and court proceedings you may find that the legal costs out way the content value.
        If this is true she could just walk right in and clean me out again. How can this be legal.

        Duped Again

        Comment


        • #5
          When I posted that message I did not realize that she had signed over her share in the home. If this is the case than the home is legally yours and she has no rights to come back.

          Comment


          • #6
            Clarification..

            Thank you

            OK, so if she signed over her interest in the home onm the 10th of august, from that point on, she has no right to enter the property. Is that right?

            Anxiously awaiting

            Duped

            Comment


            • #7
              Duped,

              I am not a lawyer, just a member going through an acrimonious divorce. But yes, from what I know from the legal system, if she signed over her interest in the matrimonial home on August 10th, then from that date the house is exclusively yours. Do you have documentation of this?

              Comment


              • #8
                I think I do

                I have the bankruptcy papers that she signed on the 10th day of august 2005 at the court. Also on these documents is her address listed as her parents home.

                Is that proof enought do ya think?

                Thank you again

                You can't see it but my ears went up and my teeth are showing, been so long I forgot what they call that!

                Duped

                Comment


                • #9
                  Proof in da pudding

                  Duped ,

                  Can you also prove beyond a doubt that they entered Aug 12, after the Aug 10 papers state you had exclusive rights to the home? Any witnesses or documentation to prove this?

                  If so, I sense you may be able to get them for break and enter and theft to some degree. If you can prove it, like any break and enter, you call the police to file a report ... as well, seek legal counsel as for any other options available to you.

                  My spouse and I used to tape 'The Young and the Restless' everyday on our vcr (yeah, I go back that far ladies) and we could not wait to get home to watch that days episode ... keep us posted, cause this thing is turning into a soap opera!

                  Hubby

                  Comment


                  • #10
                    I have a statement..

                    on Aug 11th my neighbour spoke with the 3 men who were emptying my house and they lied to her about what was going on, she wrote me a statement like from an accident scene.

                    Is that proof of them being there?

                    Duped

                    Comment


                    • #11
                      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

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          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.
                          Ottawa Divorce

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              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

                              Comment

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