Thread: Advice Needed
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Old 10-10-2006, 02:21 PM
Degagn Degagn is offline
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Default Advice Needed

Hi everyone,

I've been browsing the forums here for a while now and am very impressed with the support and advice that members give each other.

Here's my situation, after living common-law for 9 years, my wife and I married in 2003. We separated on October 21, 2005. Much to my dismay, and not for a lack of repeated trying on my part, no agreement of any kind has been completed. Nor has there been any court orders such as "exclusive possession of the matrimonial home".

When it comes to the custody of the children and decisions regarding the children we have been able to be somewhat amicable. On the other issues such as property division, there has been no progress whatsoever. Her stance on those issues is that because I moved out of the house, I relinquished all rights to the home and possessions. I know this is not how the courts see it.

On October 21, 2005, I had no intention of leaving the home, however, since my bags were packed and put in the driveway, and my children (ages 7 and one) were at the house, I left to avoid engaging in any arguments with my wife in order to spare the children any emotional turmoil. There has never been any physical violence or anything of that nature.

My wife's employment income has generally always been more then my income (by about $ 20,000/year), as she is in a managment postion which also entails a full medical, etc. benefit package. Is alimony something I am entitiled to, or something I should be considering?

With respect to the matrimonial home, we purchased it September 2005, with the downpayment coming as a loan from her parents. Before moving out, we had only resided in the home for a month. The title of the home is in her name for a couple of reasons. Do I have any rights or entitlements with respect to the matrimonial home.

In a couple of weeks, when the one year date of the separation has been reached, one of us, will file the divorce application. I'm hoping to get some advice from this forum on the issues above before meeting with a lawyer.

Thank You