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Novice here: Advice needed on asset split in a separation agreement

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  • #16
    Originally posted by pinkHouses View Post
    You sound like a smart guy so taking you at your word and since everyone else covered the obvious legal stuff here is the stuff not said:

    1. Move out, move now. Someone exhibiting the behavior your ex does is likely to have a false charge of domestic violence and no matter how squeaky clean you think you are you can be charged and brought to trial.

    2. Hopefully your counsellor has good notes...6 months later the cops may show up at your door and charge you.

    3. Don't tell her you are moving, she goes out one day you pack your stuff and go or you show up one day with friends and a moving van, inform the cops what you are doing, pack up, video the place and leave. You can serve the papers later.

    3. As soon as she believes divorce is imminent she may immediately turn on you.
    Unfortunately we never sought couples counselling, hence, we don't have any notes to refer to.

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    • #17
      Originally posted by rockscan View Post
      Don�t make any serious decisions like moving out until you have spoken to a lawyer. And while you are compiling a list of assets, log everything in the house including furniture.

      I would also look into cancelling any additional credit accounts you have like store cards etc.
      Got it, thank you.

      The only form of debt we share is a joint mortgage and nothing else (no credit cards, no line of credit, etc.) which does simplify things for me a bit. I guess the key financial question that boils down for me is inclusion of assets (car, my first home) that I purchased before the marriage - I will contact a few lawyers this week to but I am not sure how willingly they will share this info if I am just shopping around.

      For the time being, I won't be moving out until advised by a lawyer otherwise.

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      • #18
        Originally posted by blinkandimgone View Post
        This is a good place for you to start

        https://stepstojustice.ca/legal-topi...n-and-divorce/

        NFP is a net family property statement that details thr assets each of you brought into the relationship. The cars would be listed as assets you brought into the marriage.

        And definitely agree on not moving out, this can make the process substantially more difficult and is rarely ever recommended.
        Thank you, this is very helpful!

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        • #19
          Originally posted by pinkHouses View Post
          OK, I will believe it can make things more complicated but how to protect against a false domestic violence charge?

          From what I understand he can move back anytime he likes, she can't change the locks or deny him entry. It is his property.
          This is the fastest and easiest way to escalate to unnecessary police involvement. OP has not mentioned anything related to this type of conflict. There are many threads related to protecting yourself against false DV claims that have very good advice for those who have concerns.

          Just because you have a right to be there, establishing that after you've moved out and police are involved is very difficult and something you want to avoid at all costs.

          Moving out before things are settled is a last resort and shouldn't be recommended unless there are exceptional circumstances and only on a lawyer's advice.

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