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  • wifes investments - quebec canada

    We just went to lawyer of her choice to discuss first steps for divorce. She is hoping we use this one guy and all will be well, but I have issues with how the rights apply to me.
    I make $52,500 and bring home $1250 every 2 weeks. I have contributed that blindly into checking account for the family unit and she has paid the bills. We have 3 children 7/10/13 and I have zero savings due to my paying into the family.
    I have roughly 100k in investments I cant ouch until my grandfather dies. She has 300k currently in investments. She does not work, stays at home or plays tennis 2-3 times a week. We live in a 3 million dollar house with her mother and we have no tangible assetss between us to split. Everything is in her mothers name. She expects child support and alimony
    I need to know if I am legally eligble to have access to that investment portfolio. I don't want "half" but I do need to live and have some kind of future. If the money has been gifted to her and invested, am I as her husband able to come away with something tangible for a nest egg?

    I just need to know my rights .... thanks

  • #2
    Re: wifes investments - quebec canada

    I wish to inform you that you can have access to assets which are in the name of your wife. Generally assets are divided between husband and wife and assets in the name of husband and wife as well as as family assets are taken into consideration. In this property is divided firstly as per rules governing the partition of family patrimony, then in keeping with the spouses’ matrimonial or civil union regime. In this generally family patrimony includes family homes, household furniture used by the family to furnish or decorate their homes, motor vehicles used for family transport and benefits accrued in a public pension plan or some retirement plans. Further certain properties which are not included in the family patrimony (bank accounts, shares, bonds, etc.) is divided in accordance with the spouses’ matrimonial or civil union regime. Hence your assets can thus be divided accordingly.

    AFF

    Comment


    • #3
      Re: wifes investments - quebec canada

      That is the problem, there are no assets mutually between us. Her car, house, evertyhing has been gifted or is in her mothers name. We may have a bed or couch purchased together. Nothing worth a second glance.
      The 300k investment portfolio is in her name as far as I know .. that is the concern. I dont want "half" like she would of mine, but legally am I able to get something from it? .. just to bank and be safe .. like a 50k settlement or something of that nature?

      thank you .. I need all the help I can get, as I am supposed to be out of the house in two weeks, but have to gather as much info as I can to educate myself.. cheers

      Comment


      • #4
        Re: wifes investments - quebec canada

        Originally posted by RBsplit View Post
        We just went to lawyer of her choice to discuss first steps for divorce. She is hoping we use this one guy and all will be well, but I have issues with how the rights apply to me.
        I make $52,500 and bring home $1250 every 2 weeks. I have contributed that blindly into checking account for the family unit and she has paid the bills. We have 3 children 7/10/13 and I have zero savings due to my paying into the family.
        I have roughly 100k in investments I cant ouch until my grandfather dies. She has 300k currently in investments. She does not work, stays at home or plays tennis 2-3 times a week. We live in a 3 million dollar house with her mother and we have no tangible assetss between us to split. Everything is in her mothers name. She expects child support and alimony
        I need to know if I am legally eligble to have access to that investment portfolio. I don't want "half" but I do need to live and have some kind of future. If the money has been gifted to her and invested, am I as her husband able to come away with something tangible for a nest egg?

        I just need to know my rights .... thanks
        With the amoung of property between the two of you, it behooves you to get your own lawyer to represent you. There is too much at stake to do otherwise.

        Comment


        • #5
          Re: wifes investments - quebec canada

          Originally posted by Friend In Court View Post
          With the amount of property between the two of you, it behooves you to get your own lawyer to represent you. There is too much at stake to do otherwise.
          Even though everything is in her mothers name? .. we don't even barely have furniture between us. Just her portfolio and mine (which is inaccessible anyway)

          My main fear is that I step forward and begin a fight I cant afford to win .. this is wy I need to know my rights and odds at beginning the battle

          Comment


          • #6
            Re: wifes investments - quebec canada

            Courts prefer to make an in-kind distribution of the marital estate wherever possible. This means that a court will seek to achieve an equal or equitable division by giving each party asset of value and debt items intact. As selling an asset creates expense and waste, a court may prefer to leave the house and all its equity with the wife and compensate the husband for his share out of other marital assets or in the form of reduced responsibility for marital debt.

            Comment


            • #7
              Re: wifes investments - quebec canada

              The problem here is the spouse has actively kept her investment money separate and OP is trying to figure a way to get his hands on some of it. OP is not satisfied that mommy has provided an exorbitant lifestyle for him all these years.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: wifes investments - quebec canada

                Originally posted by RBsplit View Post
                Even though everything is in her mothers name? .. we don't even barely have furniture between us. Just her portfolio and mine (which is inaccessible anyway)

                My main fear is that I step forward and begin a fight I cant afford to win .. this is wy I need to know my rights and odds at beginning the battle
                If you want to know your rights under law, the BEST way is to consult with your own solicitor -- giving all the facts -- and he or she, well versed in family law in your province can best advice what your rights are dissolving this marriage.

                And how much of each party's assets the courts will award.

                Comment


                • #9
                  Re: wifes investments - quebec canada

                  I think OP should take up a relationship with mommy. She holds the big purse strings.
                  Due to a recent promotion, I should now be referred to as Major Obvious.

                  I would not be trying to provide information and knowledge if I did not sympathize.

                  Some days it is just not worth chewing through the restraints to face life.

                  Comment


                  • #10
                    Re: wifes investments - quebec canada

                    Originally posted by Disagreeable View Post
                    The problem here is the spouse has actively kept her investment money separate and OP is trying to figure a way to get his hands on some of it. OP is not satisfied that mommy has provided an exorbitant lifestyle for him all these years.
                    You miss the point completely .. having paid into a family unit for 15 years and having ZERO to start again with is the reality. I don't want her money, I never did. Don't want mommies money, as that had actually been a serious point of contention once we got married .. I want to know what part of my own contributions are something I can restart my life with.
                    I openly stated that in the first post

                    I have come to find my answers elsewhere and through legal council as suggested .. thank you very much to those who contributed constructively


                    BTW:
                    Yes, Your head WILL fit there .. with a little 'assistance' .... useless troll

                    Comment


                    • #11
                      Re: wifes investments - quebec canada

                      You said THIS::

                      Originally posted by RBsplit View Post
                      ...I don't want her money, I never did. Don't want mommies money, as that had actually been a serious point of contention once we got married .. I want to know what part of my own contributions are something I can restart my life with. ...
                      But before, you had said THIS:

                      Originally posted by RBsplit View Post
                      ...I dont want "half" like she would of mine, but legally am I able to get something from it? .. just to bank and be safe .. like a 50k settlement or something of that nature?
                      So, you really DO want her money - or should we say, her MOTHER'S money.

                      The truth is that your STBX has kept her investments and money safely hidden away under her mother's name. Those are pretty much untouchable, as they are not assets belonging to HER, but her mother.

                      That means you can't get ANYTHING from those investments. Nothing. Nada. And if your STBX has no other assets to share with you, then you'll pretty much be leaving the marriage with what you brought into it, as will she.

                      If you knew she had these assets at the start of your marriage, then you shouldn't have allowed yourself to be used (financially) to support the family on your own.
                      "If it ain't in writing, it never happened."
                      "A lack of planning on your part does not constitute an emergency on my part."
                      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                      Comment


                      • #12
                        Re: wifes investments - quebec canada

                        Actually, on a proportional basis, your contribution was meager. You were after all supporting the children you created and spouse you married. You stated you had a significant investment portfolio. Hardly leaving with nothing. Keep going to work like a good little boy. Save your money and maybe you will be rich like your STB ex will.


                        Originally posted by RBsplit View Post
                        You miss the point completely .. having paid into a family unit for 15 years and having ZERO to start again with is the reality. I don't want her money, I never did. Don't want mommies money, as that had actually been a serious point of contention once we got married .. I want to know what part of my own contributions are something I can restart my life with.
                        I openly stated that in the first post

                        I have come to find my answers elsewhere and through legal council as suggested .. thank you very much to those who contributed constructively


                        BTW:
                        Yes, Your head WILL fit there .. with a little 'assistance' .... useless troll
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment


                        • #13
                          Re: wifes investments - quebec canada

                          all good .. didn't think I did (all gifted many years after the marriage) .. so off to work I go now.

                          Moving out end of month - tough price for kids
                          Eliminating a stuck up self serving princess from my life = PRICELESS

                          So, in reality the money doesn't much matter .. was just looking for perspective and understanding as I am from the states and have no idea much of how anything works in Quebec. Some backwards ass thinking in light of common sense in most places regarding municipal and local government decisions .. so I had no idea what to expect. If in the states everybody just beats each other over the heads with lawsuits .. stupid

                          This is expected to be settled and final in 2-3 months, since we have been separated for a year already. No fighting and just get'er done ..

                          Now, On with the HO's .. err, uh I mean SHOW!

                          LOL .. thanks

                          Comment


                          • #14
                            Re: wifes investments - quebec canada

                            Good Luck. I mean that. Though the lifestyle change is a definite impact, you deserve serious kudos that most people do not. You had the sense to procreate with someone who could afford the children, regardless of any downward trends in your life. You may be trudging off to work, however, it is with the confidence your children will not suffer during their lives. Way to go dad!!! You Rock!!!
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment

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