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Old 05-13-2013, 07:52 PM
RainB RainB is offline
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Join Date: Apr 2013
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Default Questions relate to a simple case (advice plz)

My spouse went to another city in Ontario for work right after we got married in September 2012. We were separated in January 2013 with no kid and no complicated financial situation.

  • I brought a home with 80k down payment into marriage, solely under my name
  • Spouse never paid any mortgage, utilities, and property tax
  • Spouse only lived in the home I own for 15 days during 3 months of marriage
  • We kept our account separated all the time
  • We both have full time job except that I make 50k annual income more than her

My lawyer suggested that given such short period of marriage, the judge could make a decision to order me to pay her anywhere between 0% to 5% of net family property. Additionally, it is unlikely that my spouse will get any spousal support. (Can any experienced member comment on his suggested payout?)

I tried to resolve the property division issue with my spouse just between two of us. Unfortunately, she is not co-operative. My sense is she believes that she is entitled a large proportion of NFP and large amount of spousal support.

I filed simple divorce application and had her properly served. 30 Days waiting period is almost up and I do not expect she will file an answer. However, I received a letter from her lawyer today saying, "before the divorce can proceed, we will need to deal with the equalization of net family property" and asking me to contact his office to give him a proposal.

I have the following few questions hope you can help me out. I thank you very much for your answer and suggestion.

Question 1
My understanding is once 30 days passed and there is no answer filed, the divorce become uncontested and the judge can order for divorce without having her involved. I am perfectly fine to deal with property division issue at anytime and for as long as it would take. My objective is not to delay the divorce process. So is there any way she can delay the divorce order without filing answer within 30 days?

Question 2
Would there be any legal consequence if I do not reply to her lawyer with regard to property division proposal?

Question 3
It has been almost 5 months since we separated. I have been living in my one-bedroom home and she has been renting in the city where she resides. As said before, she never paid any bills relate to this home. I moved all her stuff to the locker and gave her access. If later on she wants to move into the one-bedroom home, can I refuse her and keep her out? At minimum, can I keep her out until judge makes a decision who has the exclusive right to access this home?
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