Investment Property

Anonymous Asked:

My wife and I have been separated almost 8 years. We live apart and share custody to 3 of our children of which 2 girls live with me every other week. Over the past several months my son, 16 has decided to live with her merely because of convenience, closeness of school, friends and part-time work. We also share ownership to an investment property since 2002. Last year she decided to close our shared bank account without my consent. She now has full control over the building, a new bank account under her own name of which I have no whereabouts. I waited to see if she would inform me of her actions and as of yet I have not heard anything from her. Before I seek legal counsel I would like to know what I can do and what my rights are under these circumstances. I would appreciate a reply with respect to the above. Thank you.

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A Family Lawyer

11 years ago

Unfortunately, these Qs n As are not intended to be for purposes of providing legal advice, rather general information in respect of applicable laws. I am strongly encouraging you to attend for a consultation to discuss your rights under these circumstances. The issues identified are custody, access, child support, spousal support, possibly, and property division. I am uncertain as to what child support arrangements are in place, however there may be an offsetting amount to be calculated given the situation of shared custody. The legal issue on the child support is how to approach the calculation of child support, specifically, using a hybrid approach, because you really should only have one calculation for two or three children and so on. You would want to maintain a painstakingly clear record and documents as to ownership and use of the property and especially the account. There is no family division of assets post-separation. The limitation to divide property is 6 years from separation. In these circumstances you definitely should consult with a lawyer of your choosing.

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