Husband leaving and taking 1/2 of stuff

[Nadia]

Take some time and read through some of the threads on this forum. You need to put things in perspective. I know it is all relative but count yourself fortunate that there are no children that you are fighting over but rather at least one of your concerns are whether the floors are going to get scuffed.

There will be financial change and that is very real for you. But as others have stated above and provided you with some very good advice to make lists, photograph everything of value and remove any items of sentimental value to you. If he walks out with more items than his share, let him, it will all even out in the end when you discuss equalization.

I do not mean to be unkind, but you can not stop him from leaving and why would you want to keep an unwilling party from leaving?

Again not meaning to be unkind but to state the obvious this is HIS fourth marriage and the thought that he might leave this marriage too one day must have crossed your mind at some point.

Hopefully, you can settle all the property issues in a amicable way without having to resort to going to court.

[janice020204]

Yes, you are right.

[standing on the sidelines]

No kids, home owned, and yes I really thought I could change him. I use to work for him, but I do not work for him anymore just on the payroll.
The sitting down and discussing things has not been very successful and the reason things have gotten this far. It has been a long long time coming. Both in denial and hate each other.

that is your biggest mistake. Never go into a marriage or relationship thinking or wanting to change the other person. They are who they are, accept them or move on.

[Janus]

The house and the belongings are owned by both of them. If Mr. Ex damages anything, it is his property too.

If Mr. Ex has already agreed to a value for the house (and signed a separation agreement to that effect), then it is in many ways no longer Mr. Ex's property, and as such he has no incentive to be careful while moving things out. That may not totally be the case with the OP, but I was wondering what people could do in that type of situation.

[standing on the sidelines]

If Mr. Ex has already agreed to a value for the house (and signed a separation agreement to that effect), then it is in many ways no longer Mr. Ex's property, and as such he has no incentive to be careful while moving things out. That may not totally be the case with the OP, but I was wondering what people could do in that type of situation.

very good question. Does the signed separation agreement stating the intentions of both parties have any weight in regards to the ownership of the house or is it just when the money changes hands and the title is signed over?

[OrleansLawyer]

Does the signed separation agreement stating the intentions of both parties have any weight in regards to the ownership of the house or is it just when the money changes hands and the title is signed over?

Real property changes hands when registered at the land registry office. Any contract purporting to say differently is showing an intention, not a fact.

then it is in many ways no longer Mr. Ex's property, and as such he has no incentive to be careful while moving things out.

If he reduces the value of the property through damage then adjust the selling price accordingly. In the alternative, deduct the repair costs (with receipts provided). Restitutio in integrum.

[arabian]

Janice that is indeed good news for you that he is moving out. I would still recommend getting an order which gives you interim possession of the matrimonial home. In previous posts you had mentioned you lived in an abusive relationship. Sometimes its better to be proactive rather than reactive.

Nothing you can do about potential damage to floors etc when he moves out unless you hire a moving company to move him. I agree with OrleansLawyer that if he does cause damage you can deduct the repair costs (with receipts for repair).

I think this is a good start though. At least you won't have to live with him anymore.

[janice020204]

As suspected he has changed his mind again, in less than 24 hours. Now telling me to go get a job and move out. I told him I do not have an income since you took me off the payroll this week. I am no longer in the city, I am living in he sticks because you moved your business here. My business did not move here. All my equity is in this house. I have more into this house than you. You want me to settle for less than I have in the house and two years in support after 12 years. My aging mother could move here with me and help with the bills. He said NO to that.I know this guy. One lawyer told me to get a shark. I need to see that shark next week.

[OhMy]

Janice,

You may know him, however divorce brings our worst, sometimes unseen sides out. You have gotten some really good advice so far.

Sit down, take stock of all the assets and debt. Figure out what your and his net worth is.

http://www.ontariocourtforms.on.ca/f...13-1-Feb10.pdf

After that, then figure out how much you are willing to spend to fight any unreasonableness as 'sharks' are expensive. 20-50k later and you might be wishing the time taking stock had of occurred at the beginning.

The rants are just that. Some like to intimidate and try to bully their way through the process.

Good luck to you.

[Epona]

When he moves out, he CAN take his stuff that he owned before you lived together. He can't take your stuff-that's stealing. Furniture you bought together or received as gifts--that has to be agreed upon who takes what. I really lost out there when my ex moved out. He agreed to leave half the lights (even though I had bought them all) and left the lights for the kids and I non-working. He refused to sign an agreement and took a lot of stuff that wasn't his to take. Once it was gone, my lawyer advised me not to fight about it because it wasn't worth much (not by her books, but I won't have furniture that nice again and I had paid for half or all of it!). Being his fourth divorce, he probably does know more than average and where he can push the envelope. He is certainly entitled to his stuff as you are entitled to keep your stuff. What Mess said, excellent advice. Just try to stay calm (easier said than done, I know).

[janice020204]

If he had a normal job and I knew his salary it would be nice and cut and dried. I could rely on the spousal support guildlines, but it his business and very difficult to prove what is income and what is hidden. He is behaving the way he did with the last wife telling her to leave. The best thing I have done to date is finally calling the police. He knows he can not intimidate me physically anymore. He does not want to go to jail and if the police get called again we will both end up in jail

[janice020204]

thanks for the form

[arabian]

Get the interim order (possession of mat home and immediate SS). It should be very easy to do if you have even a moron for a lawyer. You request interim SS and hopefully it is high which will give your husband incentive to get to the negotiations quickly.

It could take anywhere up to a year to get the SS agreed to, particularly if he is self-employed and stubborn. Quicker you get the interim order the better for you.

If you need to do this yourself then PM me and I can dig up my original Interim Interim Orders and fax to you same so you can prepare something with proper wording. All you do is prepare the order and attach and affidavit and file with court and make sure he is served by process server.

[janice020204]

Where would I find that paperwork? Family Law rules.

[janice020204]

found it F31 F30 Notice of Application