Asked 1/29/2012
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Can I take my ex-husband to cival court after OUR divorce was finalized in summer of 2011? My divorce was finalized last summer of 2011.I lost all my property and belongings, along with visitation rights to granddaughters and as well a lucrative career in a community where I had lived and worked for 20 years. I left my home due to abusive behaviour in the form of emotional/mental abuse and prior to telling him for the third plus time I was not okay with his behaviour and wanted to end the marriage. I lived and worked in the community I felt forced to leave as I had already attempted suicide as a result of his passive/aggressive and manipulative torture.We attended mediation which was not successful,had one case conference where I lost the $300 monthly spousal support he was giving me from me applying for an order.At the end of the divorce settlement I was left with nothing.Although he had manipulated me to agree to sign the marital home over to him so he could remortgage and give me partial payment towards a fair settlement. At the end of the day I was given final divorce papers in summer 2011 and received only items which belonged to me prior to our relationship. I want to know if there is a cival court order I can apply for to take him to court under British Columbia,Canada law. Thank you in advance. |
Answer 1/1 - Submitted 1/31/2012
Unfortunately, I am unfamiliar with the law of Canada, but at a minimum I would suspect that you have a breach of contract claim against him. If he promised to provide you with certain payments in exchange for signing over the house to him, failure to make the requisite payments is a breach on his part. It may not matter that you don't have evidence of a contract; the sheer inequity of the exchange - giving up your part of the house for nothing - leads one to conclude that there had to be more to this deal.
I would advise you to speak to an attorney, but I suspect you probably have several worthwhile claims you can assert here. Good luck!
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