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jayL · Dec 20, 2009, 03:36 PM

Im trying to divorce my husband, He refuses to move, I am the sole titleholder of my house, purchased 6 years before the marriage. Ive provided documents and affadavits re: my assets, which is mainly my house. He is alleging that I have other assets I haven't disclosed (not true) because he is trying to protect his asset (his pension) My lawyer seems to let his lawyer play games and intimidate me.. I married this person in December 2003, "separated" in May 2009.. the appraisal on my house was done in July 2009... what are my options regarding the "discovery" process his lawyer is demanding? I've already given them all documents regarding my assets. Thanks. JayL

ScottGem · Dec 20, 2009, 03:53 PM

Get a new lawyer! If your lawyer is not representing you properly, replace them.

As I see it you have on choice, that would be to ask for an emergency hearing to have him removed from the house. I don't think you can evict since there is a question about this being marital property. And you certainly can't change the locks as that would be an illegal eviction.

So you need to get the Divorce court to issuy a temporary order for him to vacate.

Fr_Chuck · Dec 20, 2009, 04:11 PM

Yes, you have to get a court order to evict him, the last thing you want to do is just change the locks

cdad · Dec 20, 2009, 06:05 PM

Another thing that may come into play is that depending on the state you live in there may be some "joint" ownership of the property even if it was before the marriage.
What state is this in ?

jayL · Dec 28, 2009, 12:26 PM

It's in Alberta Canada, and you are right on changing the locks, I am not allowed to do it. (thanks) I've thought of getting a different lawyer but would it drag out this situation even longer? He is legally entitled to 50% of the "market value increase" on my house. I am legally entitled to 50% of his pension.. the problem is that he wants his entitlement but doesn't want to give up what Im entitled to (pension) which would end up being about a difference of 15 thousand in (in his favor), I'm fine with that but he is "willing to settle" for $65 thousand!! Now Im being brought to court in January for "discovery" as he is trying to say I have other assets that I have not disclosed. NOT true, I only have what I've told them, my house, an RRSP worth only $10 thousand (locked in) and small life insurance policy... Thanks for your help everyone, looks like he's just playing games and I'm stuck, I'll let you know how this turns out, I'm not feeling too positive about all this. PS.. he makes a LOT more money than I do and only gave me $600. Per month throughout the 6 year marriage (in total) I didn't know he made $72k per year till May of 2009 when I told him I wanted out of the marriage.

Rchlsmom8 · Mar 21, 2011, 05:21 AM

#1 GET A NEW LAWYER NOW!! If you are getting screwed with now, then that's how the whole deal will go down. Also whoever files first for divorce husually as the courts sympathy. We had a renowned attorney and had heard rumors that he was no good in the courtroom, and just took your money, and went through the motions, but had known him professional for years, and were too broke to get another... Well the rumors were true and we got screwed over in not only a divorce case but a custody case too! He was a useless relic living off his legal reputation for an easy paycheck. If your lawyer is ineffective now just wait till the divorce settlement. Sounds like your case has been decided in the backroom already, long before it goes to court. Its personal to you, because its your life. Its just a job in the cogs of a broken system to them. Just another day at the daily grind to them, only reason they still are in the biz is the easy money. TRY MEDIATION, ITS EMOTIONALLY AND FINANCIALLY CHEAPER IN THE LONG RUN, GIVES YOU MORE CONTROL OVER THE OUTCOME, AND STANDS UP IN COURT. THIS WAY YOU DON'T GET CHEWED UP BY THE COURT SYSTEM.