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View Full Version : Need some Legal experts regarding divorce law please



Kamen
08-18-2008, 07:11 PM
Hey guys so my aunt is in the process of a divorce with her "husband" of 15 years. I quoted husband because they are just common law, not actually married.

He officially moved out, stated refusal to pay the mortgage anymore, and is now harassing my aunt to keep taking things out of the house (ie. not splitting everything 50/50 but being selfish and only going after what he wants; besides half of the house sale amount).

My aunt changed the locks to prevent him from entering and taking things on his own and to protect herself from his abuse.

He called her and faked a police report a few weeks ago trying to threaten her with his BS. Today he called her and said a lawyer he consulted and a police officer stated that she could not change the locks; however he had no proof or contact from those authorities to my aunt.

She is in British Columbia, for provincial laws that might differ, and her ex husband has no lawyer of his own currently.

My question is, does my aunt have the right to keep the locks changed to protect herself? Would she need a restraining order as well? He is playing games throughout the whole ordeal, but she just wants him to sign the separation agreement and be done with it but he is going after every penny.

D. Dub
08-18-2008, 08:52 PM
If he owns half the house she has absolutely no right to change the locks.


Originally posted by Kamen
but she just wants him to sign the separation agreement and be done with it but he is going after every penny.

As she likely is as well.

codetrap
08-19-2008, 08:21 AM
Don't be CHEAP! CALL A REAL LAWYER!

An internet forum is not a good place to get legal advice.

ZorroAMG
08-19-2008, 10:40 AM
LOL at what people use beyond for these days....

BlackArcher101
08-19-2008, 11:31 AM
I don't know, but perhaps a divorce lawyer would advice? I know it's a reach.....

Kamen
08-19-2008, 06:22 PM
She does have a divorce lawyer, it's her husband that doesn't and I just wanted to see if anyone has had any experience with this sort of thing.
Her lawyer said it was ok for her to change the locks but her husband came out and said she couldn't.

Perhaps I should have mentioned she does have one sooner.

Yea Zorro, shame on me for consulting people on Beyond in the Society/Law section for some possible options when it's not me getting a divorce and wanting to learn a little.