My husband and I may separate. We have 3 kids and I have been home for the 10 years we had all 3 kids. If we separate will I lose my kids cause I don't currently have a job? Will I be forced to leave my home?
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In terms of whether you will lose your children because you do not have a job, the reality of the situation is that you have a strategic advantage in relation to custody/access given that you are a stay at home mother. The legal test is best interest of the child, but this factor is something that is to your benefit.
In terms of being forced to leave the home, regardless of whether you currently own it you cannot be forced from your home unless an Order is made granting your husband exclusive possession of the home. Ordinarily that only takes place if your husband can prove violence. Of course, your home will either have to be sold or a buyout will have to take place, in due course. That is a property determination which will have to be taken into account with reference to your overall equalization of net family property.
I have provided you with general information based on your question, but as your question was not sufficiently detailed you would need to telephone me at 904-451-3222 for a free consultation in order for me to provide any guidance that may apply to your actual situation.
(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 Douglas Briand for a free consultation).