Alberta Laws? Sticky situation...

[penalty]

Hi everyone, looking for some answers...here's some information on the situation.

My boyfriends parents moved to Canada 10+ years ago. His mom left for their home country (European Country) in what was thought to be a 3 week trip. A couple days ago she called and told her husband she is never going to come back, and wants him to sell her car and send her the money, as well as she wants to know how much she would get for the house. He's heartbroken and upset (understandably). She doesn't care about him or anyone else, so she has said.

Now, she never made the mortgage payments, and I'm not sure if her name is on the mortgage.

Would she be entitled to half, especially because she just picked up and left?

[spiritflower]

I honestly don't know much about separation and divorce but from what I have read, it seems that if a spouse leaves the matrimonial home, then they have given up their right to the home by doing so, but please don't take my word as gospel.
This is all new to me.

If she left and is bold enough to ask her ex to sell the car and give her the money, all he has to do is say "no".

I think

[Mess]

No offense Spiritflower, that is exactly wrong. If she leaves the home like that she has given up her right to residence, the same as a tenant who abandons an apartment.

But as far as her right to her share of the matrimonial home and the rest of the family assets and property, she does not give up her right to anything.

All of the family assests, savings, cars, furniture, RRSPs, pensions, house, everything must be totaled, the total value that was built up during the time of the marriage must be split between them.

If she is just asking for her car to be sold and for a split of the house, then she is making a simple, easy offer that is in the other person's best interest to co-operate with.

If the other person doesn't want to co-operate, then they are trying to keep a share of the property that is not theirs by law. It's understandable that feelings are hurt, but if we mix hurt feelings with not co-operating and keeping someone else's property, that is just vindictiveness and isn't supported by the courts. It's also a hell of a way to live.

Do the right things, split the assets, send the check, and then feel that you are done with it. Otherwise this will hang on for a long long time and nothing good will come of it.

[spiritflower]

No offense taken at all Mess;
Like I mentioned in the first paragraph.....
I know diddly squat about this stuff