Is this legal advice for alberta divorces? We have been going through this for a year. we have been splitting child time

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Customer: Hi is this legal advice for alberta divorces?
JA: What are the assets involved here? Are there any minor children?
Customer: we have been going through this for a year. we have been splitting child time which is agreed upon, tomorrow i am dealing with child resolution services for child support and today i was in morning chambers for matrimonial property. basically there has been no movement and i am self represented because i cannot afford a lawyer. hi ex husbands lawyer tells the judge they are going to work with me now. so we will see how that goes but... his lawyer is trying to offer a consent order for parenting time and child support and then granting a divorce without the property issues dealth with. he mentioned something about a sevearence deal? that you can separate the property stuff and still et a divorce. but i am leary of this.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: we bought the home as a married couple and lived in it for our whole marriage (11 years)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i just want to know what my rights are with the property stuff. do i benefit from divorcing before the matrimonial prpoerty is finalaized?
Answered by ulysses101 in 5 hours 3 years ago
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Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Let me know if you need more information, or send me the service offer(s) so we can proceed.
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ulysses101, Expert

Hello, thank you for the question.

There's no benefit or loss to severing the divorce from the property issues, and the divorce being granted. It happens all the time. The property issues are still exactly where they are, only the parties are now divorced.

Does that make sense?

Customer
Hi
Customer
What about if I am offered $80,000 cash and agree. He pays $40,000 now and $10,000 per year for the next 4 years
Customer
Is there any way he can back out on the later on or get away with not paying me?
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ulysses101, Expert

As a settlement of the property issues?

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ulysses101, Expert

If he doesn't pay the instalments then you'd have to bring him back to court for contempt.

That's not a lot of money if we're talking about property settlement, in that if he's buying you out of a house or something. If I were your counsel I'd suggest you tell him you want it all now, and if he has to borrow to get it then that's just how it goes; why should you go without your money for years?

If you agree to take it instalments, ask for interest on it, and adding to what's owed if you have to chase him for it.

Anything else to discuss on these topics?

Customer
Thanks!He also sold my car. Him and I purchased it and financed it together ($48,000). Near the end of the term his dad helped us pay of $7000 of it. H
Customer
e transferred it into his dad's name and claimed it to be his. Then sold it and took the money. How do I fight this?
Customer
the car.
Customer
Is matrimonial gifts not a part of matrimonial property? Just because his dad paid for a portion it doesn't make it his. He never drove it or even sat in
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ulysses101, Expert

I can't go over separate elements of a property settlement with you, I don't know the evidence or financial statements, and I don't know what each of you has claimed about who paid what for the car.

I can tell you that matrimonial gifts are, generally, excluded from dividing.

Anything else about the topics we have discussed?

Customer
No, thank you for your help!
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ulysses101, Expert

Glad to help, thanks for the rating.

If you have a membership and want to make good use of it, ask more specific questions here, it sounds like you could use more help on specific topics if your matter doesn't settle on the next occasion.

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