Serious facts about the law and what to do if my ex-common law spouse of 7yrs who had an Affair which we?
bought a home together I moved out to Vanc we sighned an agreement with a notary that he would pay me out when the home was sold I can’t locate him or his family. The agreement is way over due like in Dec . Can he file bankruptcy to get out of paying me and the bank for the home also because he got caught by the taxman that he lied about his taxes how did they find that out!!! I have no clue???? anyways please anyone can he get away with this??? and what should I do???
May 1st, 2009 at 7:19 pm
“what should I do???” – Hire a lawyer, explain this story to the lawyer. Bring the signed agreement.
May 3rd, 2009 at 12:05 pm
You should google the Palimony suit brought against Lee Marvin by Michelle Triola…it’s the first ever case of “Palimony” and it was ground breaking. It should give you some ideas.
May 6th, 2009 at 2:49 am
Did he sell the home and keep the money? If so, you may have a huge problem on your hands if the money is gone and he declares bankruptcy. It sounds like you got yourself involved with a bona fide dirt bag. You may be able to put him in jail but if the money is gone, you are out of luck.
May 6th, 2009 at 11:31 pm
Sounds like you need to Hire a Lawyer.
If you can’t afford a Lawyer , then go to Legal Aid and locate one that will take your case.
Heres a Link:
I found them on the website and it says:
LSLAP helps assists low-income earners with various legal issues, including:
* Criminal;
* Family Law;
* Small Claims;
* Employment Standards;
* Residential Tenancy;
* WCB;
* Consumer Protection;
* Employment Insurance;
* Social Assistance;
* Auto Insurance (ICBC);
* Wills and Estates;
* Incorporation of Non-Profit Socities; and,
* Civil Liberties.
We can also draft certain types of legal documents, including:
* Demand Letters;
* Wills;
* Power of Attorneys;
* Representation Agreements and Living Wills; and,
* Notice of Claims and Replies.
The Legal Aid says:
“Our current policy is to do our best to provide summary legal advice to all clients. Depending of the circumstances of each client and issue, LSLAP may be able to offer more substantive assistance.”
Good Luck
Peace
May 7th, 2009 at 4:30 pm
Get out of paying you and the bank? Trust me, if the house os sold, the bank is paid off. Any money remaining you’ll have to sue him for. He may or may not be able to declare bankruptcy, but if he no longer has the money, it’s irrelevant.
You need a lawyer (who will first tell you that you should never have signed that agreement with just a notary). Notaries witness signatures, they don’t advise on the merits of an agreement.
May 11th, 2009 at 2:03 am
Has the house sold? If it hasn’t yet you need to get a caveat registered against the property reflecting the terms of your agreement ASAP. A lawyer shouldn’t charge you too much to file a caveat and perhaps a Notice of Homestead Right (unless of course, you signed that away in the agreement). Having these two items against title will make any lawyer handling the sale of this house aware of the agreement and your rights under it. It will also cause the lawyer for the purchaser to put the lawyer for your ex under trust to pay you your share under the agreement and get you to sign a disharge of the caveat.
If the house gets sold, the bank WILL be paid or there will be a lawyer who will be brought to the Law Society for failing to properly complete a transaction.
If the house is already sold, you will have to sue him for your money. If you are successful in your claim you would also likely get solicitor client costs awarded in your favour.
I don’t believe he can file bankruptcy to get out of paying you under the agreement, but I could be wrong.
ALSO: You say you bought the home together? Are you on title? Then he cannot sell the house without your signature.