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My rights as a visitor in Canada

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Anonymous Asked:

My husband is Canadian and I am not we are married for 6years I have been living with him in Canada for 2years but as visiter so I stay 6 months and leave and come back before we used to live in our original country. Now he wants to divorce me I gave him money to get a house and he didnt. I need to know my rights

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Jennifer M. Long, B.A. J.D.
5 years ago

Although you are not a Canadian citizen, if either you or your husband has been residing in Canada continuously for a period of at least one year prior to your separation, a divorce proceeding can be commenced here in Canada.

Ontario’s Family Law Act (FLA) sets out the regime for property division between spouses upon the breakdown of a marriage. Central to this regime is the calculation of each party’s “net family property” (NFP). NFP is the value of each party’s property on the date of separation, taking into account all assets and liabilities, and excluding property held by each party on the date of marriage, with the exception of the matrimonial home, which cannot be deducted from a party’s NFP. Once both parties’ NFP’s have been determined, the spouse with the greater NFP will owe the other spouse an “equalization payment” of one half the difference between the two NFPs. The value of the matrimonial home, regardless of whose name is on title, will be factored into this calculation. I strongly recommend that you consult with a lawyer, who can explain the equalization process to you in greater detail.

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