30 ~ Sunday, April 11, 1993 ~ North Shore News

Move quickly to resolve money issues

MY HUSBAND and I came
to this country 10 years
ago. We have three children
and live in a small home
that we purchased approx-
imately six years ago.

Family
Affairs

“KIASTIE -
‘MACLISE |":

I have never known exactly
where my husband works. I do
. know. that he receives money from
his parents overseas on a regular
basis. and, I- think, he owns a

small apartment building on the-

other..side of the ‘city. because I
have been with him when he has
gone there to... do some minor
work.

I have always remained in the
‘home at his request, and therefore
have never. been employed while i in
‘this country.

» My. husband handles ‘all of. the
.‘finances’and only gave me money
“for groceries. T have no bank -ac-
count, fone

Approximately one month ago,
he left:-home and has not return-

- ed, nor have I heard from him. .

-I.do‘know some ‘of his friends -

but’ “they: say: ‘that! fhey} have not

He. has never been ‘away from |
“home: like . this. before, ‘but I. do ..

know.that he. was becoming: in-
“creasingly unhappy with the mar-

riage and had threatened to leave “

one week prior to his going. ..:

‘For that reason I do not feel he

has suffered any harm.:

rE simply. do net. know what to :

<Ddo' not ‘know where ‘his bank q

accounts are. -

<TD suspect he owns, the apartment :
building’ where. I saw him do some «

- minor. work, but. -am-:not sure,
nd I believe we have a mortgage
n our home that must be paid. °
What should Ido?

It. is ‘quite: obvious’ that you are:
-In a. very. precarious : financial...
‘position and must move quickly to .

“Tesolve the issue.

A search of title, can be done on os

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the apartment building to ascer-
tain if your husband is the owner.

if it is owned by a corporation,
you can do a corporate search
which will advise you of the direc-
tors and, as well, the head office
for the corporation.

You can go to the head office
of the corporation and find out
who the shareholders (or in other
words, owners) of the company
are.

If your husband jis an owner of
the building, the mortgage com-
pany holding the mortgage on the
property should be contacted to
ascertain the outstanding amount
and whether that amount is in ar-
rears.

A valuation should be obtained
of the building by a real estate
appraiser to determine if there is
an asset base, which in this case
would be the difference between
the value of the building and the
outstanding amount on the mort-
gage, to which your judgment
could attach if you are successful
in obtaining maintenance.

Your lawyer will want to start
an action and then serve the court
documents substitutionally, which
means that the documents starting
your claim in court against your
husband will be delivered (to
someone other than him because
he cannot be found, or is making
himself unavailable.

That will constitute effective
service if it is-made pursuant to a
court order and then it will be in
order for you to continue on
against him whether or not he
responds to your claims.

Your lawyer will give you
assistance in preparing your list of
expenses and then, once substitu-
tional service has been effected,
you will be able to request from
the court that it grant an order for
periodic maintenance or a lump
sum maintenance based on your
list of expenses, the style of living
you, your husband and the
children enjoyed prior to his lfeav-
ing, and the fact that he does have
an asset from which _ payment
could be received (ie, the proceeds

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from the sale of the apartment -

building).

While in court, your lawyer
should ask for an order for in-
terim custody of the children and
for the exclusive occupancy of the
matrimonial home.

Exclusive occupancy means that
you would occupy the home to the
exclusion of your husband.

: Your lawyer will also be able to
file a tien against the building if it
is in his name to protect your
claim for an interest in it.

The questions and answers
given in this column are for gen-
eral information only. If you have
matrimonial problems you should
seek legal advice so that your ad-
viser can fully assess your par-
ticular circumstances and give you
the best advice. Questions about
family law and estates can be

directed to Stark & MaclLise, Bar-.

risters & Solicitors, c/o Family
Affairs, North Shore News, 1139
Lonsdale Ave., North Vancouver,
B.C. V7M 2H 4,

10th Annua!
Greater Vancouver
Conference for

Young Adults" @sh

APRIL 30 &

B MAY 1, 1993

Conference for

Singles and Young Adults
APRIL 30 & MAY 1, 1993 -

Ministry of

WILLINGDON CHURCH
4812 Willingdon Avenue

* Burnaby, BC, V5G 3H6

_ Phone: (604) 435-5544.

Featuring: Speaker Harold Ivan Smith

q Featuring: Music by. The Suspenders
© WORKSHOPS ® PLENARY SESSIONS oe

© DINNER CONCERT.

E Cost: Before April 16

After April 16.::