1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Is my sponsored spouse entitled to property and assets?

Anonymous Asked:

Is my sponsored spouse entitled to property and assets if I file for divorce before the two year conditional period ends. He migrated to Canada in August 2014 and we must be living together for two years before he receives his PR. I purchased a home since we married in March 2014 and contributed most of the purchasing costs. He gave me a minimal amount towards closing cost $3000. If I file for divorce what is he entitled too? Will the fact that he is not a PR yet impact what he may be entitled to. I will also be contacting border services bc I do not feel that he is genuine.

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew J. Kania, LL.B., LL.M.
9 years ago

You have asked me a question about the division of property. Legally married persons are, as of right, entitled to seek an “equalization of net family property” immediately after they separate. Of course, at least one of the two spouses must first be living in Ontario for at least one year prior to the commencement of the Application for this to apply. However, once this does apply then the equalization claims can be made. This is pursuant to the Family Law Act. However, in circumstances where there is a short term marriage, which is any marriage under 5 years, then a spouse may seek an “unequal division” of property pursuant to section 5(6) of the Family Law Act. In circumstances where you have had a very short term relationship you may wish to rely upon section 5(6) of the Family Law Act to make an argument that he is not entitled to a straight “equalization of net family property” pursuant to the Family Law Act. If you wish to telephone me at 877-668-9386 I would be pleased to provide you with a free consultation, which can involve more detailed guidance, once you have provided me with more facts.

(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).

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x