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init'sowntime · #1 04-20-2014, 02:32 PM

So I have a question, wondering if this is the right place in the forums. i have heard through the grapevine, that due to circumstances in my ex's life she may be planning to bolt. (long story) here's my question, I think she may be planning to sell as much as she can of our combined assets for ready cash so she can live on it and stay off the radar.

The house I can deal with because its jointly in our names, but the three vehicles we own that are currently on the property are only registered in her name (she paid insureance I paid all gas upkeep and repair) and are family assets.

#1 if I find she has sold them, how do i get my half
#2 Can I put a lien on those vehicles?
#3 if I can put a lien and she sells two and takes off in the third, how would i find her, and recoup my losses?

if she effectively abandons everything, how do i go about proving that? time frame, docs i need? is this something i take to court or police?

dinkyface · #2 04-20-2014, 10:00 PM

If she takes the cars, then you can give her a smaller share of your home equity ... assuming she reappears to claim it.

Do your best to document the condition of the cars - e.g. take copies of service records, odomoter reading, interior/exterior pictures, options, accident records etc., as well as copies of insurance/registration documents. This will help you establish an accurate (resale) value of the vehicles (do you think this adds up to more than $30k?).

PS is 'Init' a name, like 'Bob'? Just wondering about that apostrophe.....

arabian · #3 04-20-2014, 11:19 PM

If the vehicles are in her name then I believe she can sell them. If she were to sell them, or any other matrimonial asset, it would be considered at time of equalization.

You can get an interim order prohibiting her from disposing of matrimonial assets. However, there are differences in matrimonial property act from province to province. Of course keep in mind that some orders are difficult to enforce. If you were to get an interim order you might want to list specific assets in the order (identify vehicle VIN, property of a business, joint investments).

I don't believe you can register a lien on the vehicle(s) without registering a finance contract along with the lien (proof that money is owed). Check with your provincial registry services for appropriate information.

OrleansLawyer · #4 04-21-2014, 02:46 PM

Quote:

#1 if I find she has sold them, how do i get my half

On marital breakdown, you do not receive one half of each individual item. Both parties calculate their net family property, which usually results in one party owing the other party and equalization payment.

Or, the practical answer to your question:
Her half of the house is your guarantee that you will receive assets.

Quote:

#2 Can I put a lien on those vehicles?

If they are in her name, you cannot.

(Disregarding a court order placing a litigation lien, which would cost more in fees than the vehicles are worth, and may only be available for real property).

Quote:

is 'Init' a name, like 'Bob'?

I believe OP's name is "in it's own time".

init'sowntime · #5 04-21-2014, 05:15 PM

Well, I may have been right. She has not been at the house all weekend and all the blinds are shut, no lights on, and there are deep tire tracks in the driveway.

A neighbor came out to talk to me and mentioned that he wasn't sure what was going on because a moving truck showed up at ten oclock last night. I have also learned that someone from cpp has called a friend of mine and asked alot of questions about my ex's activities.

It seems to me that they have caught up to her regarding her disability fraud. I think shes bolted and I don't know what to do now. The protection order (falsely obtained, see earlier posts) expires next week, so I can't go and inspect the house to see if she has indeed bolted.

but if they have caught up with her (cpp) then it makes sense that she would leave now instead of trying to move next weekend when i'm sure she knows i'm coming to inspect the property, and take detailed notes of all the damages. she wouldn't want me to catch her in the act. Thoughts anyone? what is my next move?

I'm figuring she would go to her sisters place in the country, because it's really rural and off grid. they don't even have a phone. She could also go to her fathers house, but i think if he truly knew what was going on (shes kept him in the dark) he would not approve and he would encourage her to come clean and face the music.

arabian · #6 04-21-2014, 05:36 PM

This sounds a tad melodramatic to me.

CPP would cut off her benefits and then prosecute. I don't think they pay personal visits to people at their home (please correct me if someone knows otherwise).

If you believe your property is in danger (potential for fire, gas leak, etc.) you could call the local police and ask if they would come with you to inspect the property could you not?

init'sowntime · #7 04-21-2014, 05:49 PM

the person from cpp called him on the phone. it wasn't a visit. the property isn't in danger (its a mess,granted) i just wanted to be able to see if she has indeed left. i wasn't trying to be melodrmatic, i'm just stating what i was told.

involveddad75 · #8 04-21-2014, 05:55 PM

Quote:

Originally Posted by arabian

This sounds a tad melodramatic to me.

CPP would cut off her benefits and then prosecute. I don't think they pay personal visits to people at their home (please correct me if someone knows otherwise).

If you believe your property is in danger (potential for fire, gas leak, etc.) you could call the local police and ask if they would come with you to inspect the property could you not?

That would have been my advice, contact the local police, tell them what the neighbour told you and ask that they come with you to inspect the property. If she has moved out, file an emergency motion to take exclusive possession of the home and move back in, change locks.
In your motion state that the house has been abandoned as witnessed by the police and that a FOI request for the incident has been made, also state that as a owner you need to safe guard your property. If you have a mortgage then likely this requirement will also apply. That the mortgage company has put in a clause that the house must be maintained at all times.

All this evidence will allow you to file a reasonable motion for exclusive possession.

standing on the sidelines · #9 04-21-2014, 06:22 PM

Quote:

Originally Posted by involveddad75

That would have been my advice, contact the local police, tell them what the neighbour told you and ask that they come with you to inspect the property. If she has moved out, file an emergency motion to take exclusive possession of the home and move back in, change locks.
In your motion state that the house has been abandoned as witnessed by the police and that a FOI request for the incident has been made, also state that as a owner you need to safe guard your property. If you have a mortgage then likely this requirement will also apply. That the mortgage company has put in a clause that the house must be maintained at all times.

All this evidence will allow you to file a reasonable motion for exclusive possession.

Don't some insurance companies deny coverage if the home has been left unoccupied without anyone checking on it and something happens?

involveddad75 · #10 04-21-2014, 08:33 PM

That is what I was getting at, it provides for the urgency of the motion for exclusive possession.

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