Does engagement ring and diamond neckless ($6K) form part of assets to be split during divorce/sep in Quebec?

Question

Hi my wife recently asked me to separate. Even though, I recently moved to Montreal (Nov 2006) with our two small kids and didn't speak the language. She convinced me based on the fact 90% of the people speak English and I'd be allowed to continue to bulid my investment practice here in Montreal. Since being here my business has suffered (language) and she has asked me to leave. I don't know anyone here nor do I have the money to pay my own living expenses ( she has been paying our family expenses for the past 6 years). She basically said she gave up. Now we have been seeing the Quebec mediators and are at the stage where we divide assets. A few days ago I noticed she removed her ring from her other hand ( I had objected to the fact that she had no longer placed any value( a symbol of our union) , on the engagement ring and was now using it just as a fashion accessory by placing it on her other hand. When I asked what happened, she lied at first then said that it's in a safe place out of the house. The same goes for the diamond pendant I gave her when our first child was born. Can she does this? It's the only thing of value $6000.

Also, my business has suffered. Can I sue for loss of income. Can I sue for fraud. She waited till we were in Quebec before asking for a separation and I can't take the kids back to Toronto. Or can I?

She also refuses to pay me support (temp for a year while I find suitable living arrangements. I want a two bedroom so I can see the kids (joint custody) she doesn't want that.

Her income is 75K and mine 37K gross and 5K net after expenses. She said she knows that I will make money in my business in the future but she can't wait any longer. I said I'd get an additional job to help saive for the house she wants but she objects as it would take too much time away from the family and she'd do too much work. I also suspect she has a boyfriend or has been unfaithful recently

My wife said that she will seek full custody after seeing a lawyer yesterday

What are my options?

Answer 1

No it was a gift and so it's hers.  

Answer 2

I guess since she has been mainly supporting you for the last 6 years, your business wasn't very profitable in the first place. Maybe she thought moving would help the business.

You can't sue for loss of income, you already stated she supported you for 6 years, how can you sue for something you didn't lose? You can't get the jewelry back, they were gifts.

It sounds to me like she gave you every chance to make an effort to make your business productive. I dont blame her I would give up too. It sounds like you were just wanting a free ride and are mad because you were dumped.

Answer 3

Get over the jewlery, they were gifts to your wife & they are hers.

Man-up and get on with your life.

Answer 4

The engagement ring is a gift in contemplation of marriage....since the marriage took place the ring is now hers outright and you are not entitled to it..and she can do with it or wear it however she chooses to.

The diamond necklace was a gift to her from you...here again it's hers outright so you are not entitled to it either...wow.

Your not entitled to any support money...if you are ordered to pay child support it won't be much...her pay for a two bedroom apt for you? jeeze, get real......if the salaries were reversed you wouldn't be giving her any support monies except for the kids, so get real.

You can NOT sue for loss of income.....or fraud.

She is not a cash cow....get over yourself.

Answer 5

your story is very sad ,especially there are children ,children need a good home with loving parents ,it is a miserable situation,can all of you go back to toronto,life can be very hard to start fresh in a new place .

    separation and divorce are not the answer ,talk to her and see if she can take the full responsibility of the family as she did before,divorce is not the answer ,you have kids,take care,all the best for you ,your wife and the kids,

         i will pray for all of you ,divorce is very nasty,the bible is against divorce,think about it , to live in montreal one has to speak french,i lived in montreal for a year ,my husband went to university there ,we speak french,i have also been to toronto,take time ,do not rush ,and decide what you and your wife want to do ,this is not a game ,tell her you do not want a divorce ,divorce can be very ugly,for the entire family,try to talk to your wife ,i think you should all go back to toronto ,where you are used too,the grass is not any greener on the other side of the fence ,think about it ,divorce will destroy all of you.

               pray and ask god for guidance,take care,god bless.