Need some legal advice (46)

Aug 31, 2008 11:47 PM CST Need some legal advice
immanuelle
immanuelleimmanuelleThe Hague, South Holland Netherlands63 Threads 1,962 Posts
Good morning,

I have a question: I am legally separated from my husband who lives in Canada. This essentially frees us of financial obligation to each other. I now however, live in The Netherlands and have recently purchased a house. From what I can understand, I don't think that "separated" is a legally recognized marital status in The Netherlands. Could my former partner make any claims to the property here? Which country's laws would apply? Any advice? Sifu?

He is a Canadian citizen, but I hold dual citizenship (Canada and EU), not sure if that makes a difference.

Thanks
Sep 1, 2008 1:53 AM CST Need some legal advice
no1brightongirl
no1brightongirlno1brightongirlbrighton, East Sussex, England UK13 Threads 239 Posts
there are many solicitors online, who give initial free advice and are happy to answer basic questions free of charge.unless there are international divorce lawyers on this site,you could easily be given the wrong advice
Sep 1, 2008 4:26 AM CST Need some legal advice
common_me
common_mecommon_meSutton, Greater London, England UK49 Posts
In Europe (except UK and Ireland with anglo-saxon legal system) it is generally assumed property gained/earned during marriage is shared 50/50.
This is general assumption. If you divorce and want to have bigger share you have to prove your share was considerably higher.
But there are differences between countries - I would suggest you seek legal advice in NL only.
And maybe in Canada as well.
Beware of fact you cannot claim other citizenship in your own country! (For Canada you are Canadian, for NL you are Dutch).

I know this was not of much help.... :-(

Wish you a nice day!
Sep 1, 2008 5:12 AM CST Need some legal advice
lisalee1960
lisalee1960lisalee1960st pauls, Majjistral Malta9 Threads 222 Posts
please seek proper legal advice,otherwise you will be confused by well meaning wannabe lawyers
Sep 1, 2008 8:30 AM CST Need some legal advice
kamelia
kameliakameliaNegotino, Macedonia15 Threads 1 Polls 574 Posts
immanuelle: Good morning,

I have a question: I am legally separated from my husband who lives in Canada. This essentially frees us of financial obligation to each other. I now however, live in The Netherlands and have recently purchased a house. From what I can understand, I don't think that "separated" is a legally recognized marital status in The Netherlands. Could my former partner make any claims to the property here? Which country's laws would apply? Any advice? Sifu?

He is a Canadian citizen, but I hold dual citizenship (Canada and EU), not sure if that makes a difference.

Thanks


Hello Immanuelle..separated is not a legal category, so anything that is purchased within that period is recognized as joint property. Doesn't mean that it will be the court's decision, but it will sure save you a lot of trouble if you didn't have it on your name. And also what is really important is how you got the means to pay for it. If it's something you had or sold in order to buy that property, that document will show that it's not something you earned during the marriage. But if the financial assets were earned during the marriage, your ex can make a claim on the property. I hope this was helpful, but still you need the proper lawyers advice, this was just a road map so you will know what to ask when you talk to the lawyer. Greetings
Sep 1, 2008 8:41 AM CST Need some legal advice
Elley
ElleyElleyCadiz, Andalusia Spain131 Threads 1 Polls 2,808 Posts
immanuelle: Good morning,

I have a question: I am legally separated from my husband who lives in Canada. This essentially frees us of financial obligation to each other. I now however, live in The Netherlands and have recently purchased a house. From what I can understand, I don't think that "separated" is a legally recognized marital status in The Netherlands. Could my former partner make any claims to the property here? Which country's laws would apply? Any advice? Sifu?

He is a Canadian citizen, but I hold dual citizenship (Canada and EU), not sure if that makes a difference.

Thanks


I do not think your legal status can be compromised by the country in which you now choose to live.

If you your name is say Peter in the country of your birth, you do not become Pedro or Piere when you go to another country. Seeing a proven loyer might be a good idea.thumbs up
Sep 1, 2008 8:43 AM CST Need some legal advice
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
kamelia: Hello Immanuelle..separated is not a legal category, so anything that is purchased within that period is recognized as joint property. Doesn't mean that it will be the court's decision, but it will sure save you a lot of trouble if you didn't have it on your name. And also what is really important is how you got the means to pay for it. If it's something you had or sold in order to buy that property, that document will show that it's not something you earned during the marriage. But if the financial assets were earned during the marriage, your ex can make a claim on the property. I hope this was helpful, but still you need the proper lawyers advice, this was just a road map so you will know what to ask when you talk to the lawyer. Greetings



I only know UK law with regards to separation and divorce.

Even if there are no assets or each party is not seeking ancillary relief, then as long as the ancillary hearing has been heard and stamped by the judge, then anything after that, as kamelia states that has not been purchased with means from the marital pot, then that home should be yours, as both of you need to have a home to live in.

Immanuelle, it is difficult as we are not legal people, I would state that if the paper has been stamped that you have no financial obligation to each other then you should be safe. But remember this is an estimation.

Legal separation in the UK is a legal status, but until the ancillary relief hearing has been heard, then it is worth nothing.

This depends on what has been agreed in Canada, whether there has been any hearing in NL; also depends on where you were married and where you have lived as that married couple.
Sep 1, 2008 8:45 AM CST Need some legal advice
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
immanuelle: Good morning,

I have a question: I am legally separated from my husband who lives in Canada. This essentially frees us of financial obligation to each other. I now however, live in The Netherlands and have recently purchased a house. From what I can understand, I don't think that "separated" is a legally recognized marital status in The Netherlands. Could my former partner make any claims to the property here? Which country's laws would apply? Any advice? Sifu?

He is a Canadian citizen, but I hold dual citizenship (Canada and EU), not sure if that makes a difference.

Thanks


Immauelle, I am interested in why this frees both of you from financial obligation to each other, this will only happen (in the UK) if there are no assets, or if this has been agreed by both parties for a quicker split.

how has this been decided?
Sep 1, 2008 8:56 AM CST Need some legal advice
cristina
cristinacristinaLisbon, North Holland Netherlands286 Threads 10 Polls 17,243 Posts
I thought you lost your husband in a car crash.

Legal instint:

The Legal effects of legal separation in Canada should be recognised in The Netherlands. Thus, you're free to purchase anything.

To what concerns ownership, the law of where the immovel is situated applies (of course). If they recognise (i believe they do) your legal separation then the property is all yours.

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...





laugh

uh oh
Sep 1, 2008 9:00 AM CST Need some legal advice
cristina
cristinacristinaLisbon, North Holland Netherlands286 Threads 10 Polls 17,243 Posts
Sommerauer71: Immauelle, I am interested in why this frees both of you from financial obligation to each other, this will only happen (in the UK) if there are no assets, or if this has been agreed by both parties for a quicker split.

how has this been decided?


It is possible Sommer, the same applies to Portugal.
Sep 1, 2008 9:04 AM CST Need some legal advice
cristina
cristinacristinaLisbon, North Holland Netherlands286 Threads 10 Polls 17,243 Posts
cristina: It is possible Sommer, the same applies to Portugal.


I mean, legal separation has the same effect as divorce in Portugal, save a few exceptions. It all depends on the marriege and divorce regimes. What they have accorded within the marriege will determine the effects of divorce.
Sep 1, 2008 9:57 AM CST Need some legal advice
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
cristina: I mean, legal separation has the same effect as divorce in Portugal, save a few exceptions. It all depends on the marriege and divorce regimes. What they have accorded within the marriege will determine the effects of divorce.


Hi Cristina

I think I understand you, my knowledge is limited to the UK: That I do know about.

I had to buy my ex husband out of house, so that meant he could provide a roof for our children, I kept the marital home which then became mine solely, and the mortgage.

But, what happened was this, he was still on the title deeds, I looked into this, because we had purchased it together as a married couple.

Luckily for me, when I sat one evening, thinking all of this through, I realised that he was still on the asset, but had been removed from the liability.

I sat up and realised, which my brief had not pointed out, that I was responsible for the whole mortgage, but if I sold the house he could still have 50%of the profit.

So, I fired my brief and represented myself, I got his name of the deeds, the house was mine, I had bought him out, so he had his initial investment back and then some.

The law is convulated, a sharp eye is needed and even lawyers cannot always be relied upon to get it right.

Immauelles' option is to get the divorce sorted out, whether that will be in Canada I do not know, for some reason the financial thing does not add up because she is not living there, but that may well be the case.

We had children too and that makes a difference and can drag it out, but the pain and drama was curtailed because I was the main wage earner, I paid him off in a lump sum, with caveats attached that we would not pay each other child support, as we have the children 50-50.

There are many ways a divorce and monies go, it is what the parties are willing to agree to, the law is flexible, mine was settled on the court steps.

Money anyway.
Sep 1, 2008 9:57 AM CST Need some legal advice
immanuelle
immanuelleimmanuelleThe Hague, South Holland Netherlands63 Threads 1,962 Posts
cristina: I thought you lost your husband in a car crash.

Legal instint:

The Legal effects of legal separation in Canada should be recognised in The Netherlands. Thus, you're free to purchase anything.

To what concerns ownership, the law of where the immovel is situated applies (of course). If they recognise (i believe they do) your legal separation then the property is all yours.

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...


Hi Cristina,

I did lose my husband in a car crash. I have been married twice. My first husband was killed when we were driving in our car and were hit by another driver. I remarried a few years later.

I purchased my house in January of this year and just recently realized that the definitions of marital status were different in the Netherlands from in Canada, thus my posting of the thread. It may be of some importance to others who may not also be aware that legal definitions of marital status in their host country may be different than in their home country.

I do thank you and everyone else for their input and will take the advice to seek legal counsel.
Sep 1, 2008 9:58 AM CST Need some legal advice
smoky
smokysmokyUnterland, Zurich Switzerland266 Threads 6 Polls 9,412 Posts
cristina: I thought you lost your husband in a car crash.Legal instint:

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...


Huh! .... our Legal Sleuth has uncovered something here...? Yes, I do believe many sympathies were extended to the OP for her courageous recovery from her husbands death......? I sincerely aplogise if I have gotten something wrong here....sad flower
Sep 1, 2008 10:16 AM CST Need some legal advice
immanuelle
immanuelleimmanuelleThe Hague, South Holland Netherlands63 Threads 1,962 Posts
cristina wrote:
I thought you lost your husband in a car crash.Legal instint:

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...

smoky: Huh! .... our Legal Sleuth has uncovered something here...? Yes, I do believe many sympathies were extended to the OP for her courageous recovery from her husbands death......? I sincerely aplogise if I have gotten something wrong here....


Not quite sure how to respond to this...I could provide you with names, dates, location and the name of the local paper it was posted in (to your private mailboxes) if it would help. I would hate to think that you were thinking I lied about what happened....
Sep 1, 2008 10:27 AM CST Need some legal advice
smoky
smokysmokyUnterland, Zurich Switzerland266 Threads 6 Polls 9,412 Posts
immanuelle: cristina wrote:
I thought you lost your husband in a car crash.Legal instint:

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...
Not quite sure how to respond to this...I could provide you with names, dates, location and the name of the local paper it was posted in (to your private mailboxes) if it would help. I would hate to think that you were thinking I lied about what happened....

I APOLOGISE Immanuelle .... I went back over every single posting of mine to check it out ...... and saw that that piece of information was a contribution to my thread entitled "Achievements" ..... So obviously it was something in the past which you had to recover from - and NOT a statement over why you are now single. Again .... my sincere apologies to you.

I think it was just one of those "relative" type thoughts that type-cast you in the situation of a widow - now.

Will you still have a coffee with me? ..... Two Big Capuccinos here ....cheers ... please?.. and a bouquet...bouquet
Sep 1, 2008 10:33 AM CST Need some legal advice
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
immanuelle: cristina wrote:
I thought you lost your husband in a car crash.Legal instint:

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...
Not quite sure how to respond to this...I could provide you with names, dates, location and the name of the local paper it was posted in (to your private mailboxes) if it would help. I would hate to think that you were thinking I lied about what happened....



Immanuelle

I am deeply sorry that you feel you have to defend your actions.

It is quite frankly upsetting, more so for you that something as distressing as what has been pointed out has been highlighted.

You are an adult and you do not have to provide all of that information. In fact some would welcome it and would go and check the facts.

But you know, I do not think you have to, you have been a fabulous addition to this forum, it would be a blander place without you.

Amazing sometimes, how quick people are to jump to conclusions.

hug
Sep 1, 2008 10:34 AM CST Need some legal advice
immanuelle
immanuelleimmanuelleThe Hague, South Holland Netherlands63 Threads 1,962 Posts
smoky: I APOLOGISE Immanuelle .... I went back over every single posting of mine to check it out ...... and saw that that piece of information was a contribution to my thread entitled "Achievements" ..... So obviously it was something in the past which you had to recover from - and NOT a statement over why you are now single. Again .... my sincere apologies to you.

I think it was just one of those "relative" type thoughts that type-cast you in the situation of a widow - now.

Will you still have a coffee with me? ..... Two Big Capuccinos here .... ... please?.. and a bouquet...


Thanks Smoky,

When I read the thread, my ears starting burning with shame to think I was thought of as a fibber...Geez..

But hell...for that...you owe me a shot of tequila along with that coffee!!!!

P.S. In answer to Sommer's question as to why a separation relieves the parties of financial obligation to each other....i am not sure why..but just know that my lawyer advised that a legal separation would act to not make me liable for my husband's debts. Per another thread, I spoke of problems with gambling. A 'separation'is quick,cheap and efficient....

P.P.S. What is an OP
Sep 1, 2008 10:36 AM CST Need some legal advice
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
cristina: I thought you lost your husband in a car crash.

Legal instint:

The Legal effects of legal separation in Canada should be recognised in The Netherlands. Thus, you're free to purchase anything.

To what concerns ownership, the law of where the immovel is situated applies (of course). If they recognise (i believe they do) your legal separation then the property is all yours.

This is totally a legal and serious matter which CS lovers would not answer in principle. Why would it be efficient to post such a thread? I don't believe it is an urgent concern...otherwise, you would not buy it then ask us...



Cristina

I think you owe Immanuella an apology.

This lady was looking for some guidance and support.
Sep 1, 2008 10:36 AM CST Need some legal advice
Sommerauer71
Sommerauer71Sommerauer71Salzburg, Austria133 Threads 4 Polls 12,414 Posts
immanuelle: Thanks Smoky,

When I read the thread, my ears starting burning with shame to think I was thought of as a fibber...Geez..

But hell...for that...you owe me a shot of tequila along with that coffee!!!!

P.S. In answer to Sommer's question as to why a separation relieves the parties of financial obligation to each other....i am not sure why..but just know that my lawyer advised that a legal separation would act to not make me liable for my husband's debts. Per another thread, I spoke of problems with gambling. A 'separation'is quick,cheap and efficient....

P.P.S. What is an OP



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