I and my husband have been married for over nine years. I am an American citizen he is Canadian. I have gotten visitors

Expert's Assistant chat
Customer: I and my husband have been married for over nine years. I am an American citizen he is Canadian. I have gotten visitors visa's over the years for us to be together. We have simply travelled back and forth between our two countries. I am now in Canada and have Alberta health. What are my rights if we were to seperate/divorce?
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: I have completed my part of the paperwork, He has not. I ask these questions because he controls all the finances. I
JA: Have you talked to a lawyer about the visa?
Customer: We have hired an immagration representative. I don't wont a divorce. I do want to be informed of certain things. for instance my husband purchase a single wide home just before we were married.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: how do I protect myself financially if I cant work in Canada and he keeps stalling his side of the paperwork because he hasn't filed his taxes recently?
Answered by JJL11 in 3 mins 2 years ago
imglogo
JJL11
10+ years of experience
logo

2942 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
JJL11
logo
logo
2942 Satisfied customers
logo
10+ years of experience
imglogo
JJL11
10+ years of experience
logo

2942 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

JJL11, Expert

Hello – My name is ***** ***** I’m happy to assist you today. I am a Canadian lawyer who is able to answer immigration and family law questions.

To clarify - do you have permanent resident status in Canada or are you here as a visitor ?

Customer
As Visitor.
Customer
married for little over nine years due to his finances and my going to university in the states we have lived in two different countries until covid. Covid made it so we could just come and see each other. So I relocated to Canada and we have hired an immigration representative. I have some concerns: one he will not let me have access to any funds w/o going through him first. Meaning I have to ask for money to make purchases???
Customer
I have to ask him for the balance on a card that he gave me to make purchases. He is very secretive about the finances??
Customer
He just told me that the single wide home we lived in together when we first got married was no longer a personal asset but a business asset?
I just need to know if this is a normal aspect of getting your PR card?
Customer
Do I not have any rights about money? or our financial situation or banking information. I had it the first time I came to stay with him in Canada?
img

JJL11, Expert

I see - It seems that your husband has control issues with money and you are correct in that this may leave you vulnerable before you get permanent resident status in Canada and can work to support yourself. However, I am not sure why he is this way when you have been married for 9 years and he should be able to trust you.

As his spouse, you do and should have a right to know about his finances as they are your joint finances. If he is telling you the house is now a business asset, he may have done this so that you cannot 50% of this house if you were to divorce as the matrimonial home is usually split 50/50 upon divorce.

Your husband does not have to transfer the house in this manner for your PR application.

I would suggest that you speak to your husband honestly about these control issues and ask him if wants to do a agreement about his finances if he has issues about your getting his money and assets if you divorce.

Can you tell me when you submitted your spousal sponsorship form to Canada Immigration because once the sponsorship gets first stage approval, you can get an open work permit ?

Customer
Thank you, So basically I have no real protection and the losses that I have suffered to do moving to Canada are not nor will they be considered if we were to divorce.
img

JJL11, Expert

Just because your husband has possibly transferred the matrimonial home to become a business asset, this does not mean that it will be treated as one and so you may still be entitled to half of it's value. As well, even though your husband may not let you know what money he has, if you divorce, he will have to disclose this information if you ask for spousal support and for equalization of net family property.

Also, if he is sponsoring you and you get your permanent resident status and later divorce, he will have signed a three year undertaking to financially support and this undertaking survives a divorce .

Hope this helps

img

JJL11, Expert

Hi - I hope I have answered your question. Please feel free to let me know if you have any further questions.

Thank you for using JustAnswer.

Take care.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer