Who has a legal right to his property since he left me?

Posted in Location, Ontario, Ottawa, Separation by Questions on February 3, 2015

My husband and I have been separated for 4 1/2 yrs. He is currently living with another woman. He has been living with her for 3 yrs. I have received no support from him for the past 2yrs. We have nothing in writing re:separation agreement. Who has a legal right to his property, money etc since he left me? If and when he moves on from her, has she any claim?

1 Expert Comment

  1. On February 3, 2015 at 11:10 am
    Andrew J. Kania, LL.B., LL.M. said:

    You have raised two principal issues. First, property division. Second, child and/or spousal support.

    In terms of property division, it is very important that you speak to a lawyer immediately to protect your legal rights. Most jurisdictions have a limitation period for the making of a property division (“equalization of net family property”) claims against a spouse. As an example, in Ontario you must make a claim (which means commencing a Court Application) within two years from the date of a divorce or six years from the date of separation.

    In terms of support, you may be entitled to receive it, depending on your facts, and I welcome you to telephone me at: (866) 557-3222 for a free consultation regarding your case.

    In terms of your comment about whether she (the new person) would have a claim to any of his property the answer is:” it depends.” If they are living “common-law” then she can always try to make a claim for a portion of his property. However, a “common-law” spouse does not have an automatic right to property division, by way of an “equalization of net family property,” as does a legally married individual. In any event, it is important that you obtain legal advice in the near future given potential limitation period issues and, once again, you are welcome to telephone me for a free consultation if you wish to do so.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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