separation and dividing assets?

[long-time_husband]

I have a friend from Vietnam that just got sponsored here recently through her husband with a sponsor sponsorship. Her husband started the application like 6 or so years ago and she finally got her PR card to come here. She found out later that he cheated on her and is treating her not too well now. Putting her down and just not putting any effort or time into the relationship.

She wants a divorce but worried about her PR status and what can negatively effect her. She's also looking into buy a house with her own funds while being separated but not sure if its a good idea since their are still married.

What would be the best process for her to buy a house without giving equity or ownership to her husband? Is it possible if he agrees to sign a waiver of some sort?

 

[ImABule]

I have a friend from Vietnam that just got sponsored here recently through her husband with a sponsor sponsorship. Her husband started the application like 6 or so years ago and she finally got her PR card to come here. She found out later that he cheated on her and is treating her not too well now. Putting her down and just not putting any effort or time into the relationship.

She wants a divorce but worried about her PR status and what can negatively effect her. She's also looking into buy a house with her own funds while being separated but not sure if its a good idea since their are still married.

What would be the best process for her to buy a house without giving equity or ownership to her husband? Is it possible if he agrees to sign a waiver of some sort?

Everything except her worrying about her PR status is not an immigration issue, it is a family law issue and should be asked on a family law forum or better yet to a family law lawyer.

If she has condition 51 (was not married for 2 years before submitting the app and doesn't have any children with the husband) and she has not lived with him for 2 years since landing in Canada then it's possible IRCC will take steps to revoke her status.

 

[canadianwoman]

She's also looking into buy a house with her own funds while being separated but not sure if its a good idea since their are still married.

What would be the best process for her to buy a house without giving equity or ownership to her husband? Is it possible if he agrees to sign a waiver of some sort?

Tell her she must not buy a house or any other kind of property while she is still married, or while she is separated. Until the petition of divorce is done, any property acquired by either of them will be considered family property, and will be divided 50-50 when they get divorced. It does not matter who paid for it.
Even if her husband signs a waiver, or they sign some kind of agreement, this will not hold up in court. The judge would most likely say that since the husband did not have competent legal advice, the agreement is worth nothing. Even if the husband did get legal advice, the judge can throw this out - and in any case, if the husband got legal advice, it would be to not sign any such waiver.
Once she is divorced, she can safely buy a house.

She should really go to a family lawyer for advice and help with the divorce. Presumably her husband owes her some money from family property. In addition, the home the couple lives in should be split 50-50.

If she has Condition 51 on her PR, then leaving her husband before she has been here for two years means CIC might revoke her PR. The government has said it plans to do away with this condition, but they have not yet done so.

 

[long-time_husband]

thank you. I'll tell her to your advice.