Legal Question in Family Law in Canada

Property

I own my own house (solely in my

name) before marrying my second wife.

We have been only married for several

months and want to get divorced. Does

she have any claim on my house? Can I

kick her out with out reprocusions?


Asked on 9/07/08, 11:16 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Property

The law varies a lot from Province to Province; In British Columbia she has a claim; the issue is whether or not the equity will be divided equally between you, and that is not likely unless you have a marriage agreement that provides for equal division or there are special circumstances that exist which you have not related. It is possible that while she has a claim, depending on the circumstances, a Court would set her percentage of interest at 0% or close to it. This area of law is extremely comples, so you are advised to see a lawyer immediately.

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Answered on 9/07/08, 10:59 pm


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