I I don’t know what to do. I filed for divorce. I filled out my F8 and send in. But my wife won’t fill out her F8. What

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Customer: I I don’t know what to do. I filed for divorce. I filled out my F8 and send in. But my wife won’t fill out her F8. What can I do?i
JA: What are the assets involved here? Are there any minor children?
Customer: 2 children. 18 & 16 in 2 months
JA: Where are you located? Divorce laws vary by state.
Customer: Bc
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She lives in my dads trailer which hi inharented. She won’t leave. I pay for everything for here to live.
Answered by Thom, LLB (JD) in 22 mins 1 year ago
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Thom, LLB (JD)
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Thom, LLB (JD)
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Thom, LLB (JD), Expert

Hi and thank you for using JustAnswer.  My name is Thom I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am a licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Is the trailer your former spouse is occupying considered the matrimonial home?  Do the chldren live with her?

Customer
What is a matrimonial home. The children live with her. I have a disability pention from Worksafe bc.
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Thom, LLB (JD), Expert

Did the family reside together at one time in the inherited property?

Customer
I have a brain injury
Customer
for 1 month. Then when my wife bought Cannabis for my 15 year old daughter I moved out. We were living in a 5 th wheel at my property. The house is filled with rats so it is not livable now
Customer
Can I get a phone call as my brain hard to do
Customer
I'm Mixed up here. My wife lives at a mobile home that was in my dads and in my name for years. He passed on about 6 years ago. My wife and I and family lived in a 5th wheel at a different location. The house was filled with rats so we did not live in the house. Which I have a mortgage on. We got separated and the 5th wheel was so mouldy we moved into the mobile home. My wife bought Cannabis for my daughter against my advice.
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Thom, LLB (JD), Expert

There is a positive obligation on both parties to provide sufficient financial disclosure and to swear to its accuracy in a variety of situations. It appears that you have fulfilled that requirement.  If your wife fails to disclose she jeopardizes finalizing matters, including spousal and child support which may be of interest to her.  Do you suspect she may be hiding or undervaluing assets or that she simply doesn't want to bother?  You can make an application to the court and the court can order her to provide accurate disclosure. Additionally, the application for disclosure may result in an order that she pay up to $5,000.00 as a penalty for failing to disclose.

Typically the trailer would be considered excluded property as an inheritance.  However, having let your wife lived in it and having resided in it yourself, it may be considered a gift to her and the trailer will become family property subject to equal division between the two of you. You would have to show that it was not your intention to transfer with the intention of gifting the trailer to your ex.

It is best in the circusmstances to consult a lawyer.  If you tell me where eaxctly you are in BC I can better direct you to finding someone.

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Thom, LLB (JD), Expert

If you wish a phone call, you can activate the live call option offered by the site.  I cannot initiate a call without the inviattion of live call from the Just Answer moderator.  Thanks.

Customer
The trailer is not a gift I asked her to move out before she got 3 ferrets.
Customer
How do I get a live call and does this cost extra
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Thom, LLB (JD), Expert

My point is that the law may consider it a gift when considering the division of all of your property ecause it was inherirted and you gave her use of it and shared it with her when your other home couldn't be lived in.

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Thom, LLB (JD), Expert

When you were asked for payment the option for a live call should have been offered.  It is an addional cost.

Customer
She said that there is nothing I can do about it when she got ferrets.
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Thom, LLB (JD), Expert

My apologies.  I am not quite understanding.  She told you there was nothing you could do about her getting ferrets?

Customer
I said for her to move out. Around hear there is nothing to rent. Absolutely nothing. She got ferrets I said for her to move out.
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Thom, LLB (JD), Expert

Did she move out, if so out of what, the 5th wheel or your Dad's trailer?  You had also indicated that she bought your daughter cannabis and you moved out. Where are you living now?

Customer
I stay at a Freinds place I pay him for this
Customer
I have a license to grow cannabis
Customer
My wife was worried about the drug ventslin that was found off the street
Customer
She moved out of the 5th wheel so did I
Customer
The fifth wheel was too mouldy
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Thom, LLB (JD), Expert

Alright, so your former spouse lives with your kids in the inherited trailer.

Your initial question was what you could do to have your former spoiuse provide financial disclosure.  I have reveiwed your options.  I hope my answer helps.  Do you have a lawyer assisiting you with this matter?  if you don't you may wish to consider speaking with or hiring one.  If you tell me what region of BC you are in, I can better direct you to help in your area.

Customer
We asked for help with worksafe they were going to send someone over to hav a look but we were scared the they would take our kids away because of the living conditions and the mouldy 5th wheel
Customer
I do have a lawyer assisting me but very hard to talk to him as he is retired
Customer
Been waiting for 4 days now
Customer
Port Alberni bc
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Thom, LLB (JD), Expert

I do not know what more I can do to assist you further at this time.  If you have specific questions related to your separation, financial disclosure etc., I can assist.  Otherwise, we may be at the end of our exchange for today's purposes.  I invite you to return at any time later and ask for me specifically if you'd like.  Legal Aid Services Society is at 5029 Argyle St, Port Alberni and can be reached at(###) ###-####if you are having difficulty reaching your own lawyer and they may have someone you can speak to.

Customer
Hi Thom
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Thom, LLB (JD), Expert

Hello.  How can I help?

Customer
Thank you for yesterday. Was very good
Customer
My wife It's not filing her her financial statement. Can I put an order in for her to complete her financial statement. And can I put an order in for her to move out of the trailer
Customer
Do you remember me from yesterday?
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Thom, LLB (JD), Expert

Welcome back.  I remember your situation.  I have your new issue and I will respond as soon as I can.

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Thom, LLB (JD), Expert

Was it you who filed the Notice of Family Claim?

If she is making a claim for spousal and/or support she will be made to file an F8.  As I indicated yesterday, you can make an application to the court and the court can order her to provide accurate disclosure. Additionally, the application for disclosure may result in an order that she pay up to $5,000.00 as a penalty for failing to disclose.

Having her removed from the trailer may be more difficult.  As I indicated, because you both lived in the trailer at one point a court may conclude that it became the primary residence when your other home became uninhabitable.  Additionally, if she is there with the children and has sole custody of them and is making decisions regarding their upbringing and welfare, I do not believe you will succeed in having them removed.

Customer
but will it show that the trailer was not a gift. There is no place to rent here. There are people who are homeless and a lot
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Thom, LLB (JD), Expert

The trailer, in law, may not be considered an inheritance and its use by you together and your wife alone may be considered a gift in law and would be inclided as family property for the purposes of property division in the divrce proceeding.

Customer
Thank you.
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Thom, LLB (JD), Expert

You're welcome.  i hope things work out for you.

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Thom, LLB (JD), Expert

Thank you again for choosing trusting Just Answer to assist you with this matter.  It is always available to you to return to the site and ask additional questions as you navigate your divorce proceeding.

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