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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-07-2009, 02:04 PM
naori naori is offline
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Default Extremely difficult situation

This is my parent's problem.
Im 22 now but my parent's never told me that they divorced 15 years ago.
Although that year my dad did beat my other I distinctly remembered.
Then soon after he left for China for a duration of a year. He would come back and live for a month or tow and then would be back again. This continued for several years until I was 9. Then he stayed. He lived with us and in the same bedroom as my mother. So, for the longest time we thought they were still together.

But I am afraid that he will want my mother's money if he one day leaves. My mom doesn't have a job but she has the house in her name. I think my mom is scared of my dad therefore she still lets him stay and have sex with him.
Is he still entitled to split half of my mom's money? My mom is a traditional person and she didn't want anyone to know about her situation and therefore she had to bare this burden on herself for all these time. My mom has to work abiliity as she doesn't know english and have not been working for over 15 years. She gets by with the rent she collects. What will happen if he decides to want her to pay for his ailmony and get half her house? She has no job but she has more asset cause one of the house was given to her when they first divorce and the other was their joint name. He works as a mover and his money he uses to take me and the family out to eat or pay the kid's cellphone bills and buy us birthday gifts but he doesn't pay for our tuition or everyday expenditures.
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Old 05-07-2009, 02:36 PM
About_Time About_Time is offline
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Did they legally divorce 15 years ago? If they did so then a lot of the financial issues should have already been spelled out at that time, assuming the divorce was done in Canada.

She certainly wouldn't have to pay him alimony if she doesn't work. In fact, the opposite would probably be true - he'd be paying her. He may be entitled to half the value of the house, but again there are many factors which go into this in a normal situation - this one makes it even more difficult to say for sure.

I wonder if there is a legal precedent for a situation like this. I would think that if people lived together essentially as man and wife after a divorce, that period would count as a common-law arrangement if they dragged the matter back to court.
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Old 05-07-2009, 02:46 PM
naori naori is offline
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Quote:
Originally Posted by About_Time View Post
Did they legally divorce 15 years ago? If they did so then a lot of the financial issues should have already been spelled out at that time, assuming the divorce was done in Canada.

She certainly wouldn't have to pay him alimony if she doesn't work. In fact, the opposite would probably be true - he'd be paying her. He may be entitled to half the value of the house, but again there are many factors which go into this in a normal situation - this one makes it even more difficult to say for sure.

I wonder if there is a legal precedent for a situation like this. I would think that if people lived together essentially as man and wife after a divorce, that period would count as a common-law arrangement if they dragged the matter back to court.

so they actually divided the home, she was given the house in their first divorce when he threatened for a divorce and took out a large sum of money from the house to go invest in China. So, I don't know where she would live in her old age if she lost the house too.
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