Legal Question in Family Law in Canada

Drug Addict Husband/Real Estate

I recently found out (1.5 yrs ago) that my husband of 7 years is addicted to crack cocaine. He makes a very good living (120,000) per year but he has dwindled ALL of our savings away and has gotten us into debt. Just recently, in 3 weeks, he has put 25,000 on his credit card. How can I stop this from affecting my finances - even if it is not in my name, if he doesnt pay - they will put a lein on our house??? We have just recently done a Power of Attorney, with me able to take control of everything including real estate - can I take him off title without him being around? Also, could I possibly sell my house to a family member? I do not want him to continue to drag us down - I am not able to go to work, as I have breat cancer and 2 ittle boys also!!! Please give me any info regarding finances, as we do not even have a legal separation yet. Thanks


Asked on 1/01/08, 11:00 pm

1 Answer from Attorneys
Kent Glowinski

Re: Drug Addict Husband/Real Estate

The house is equally yours and your husband's. Although I understand that you want to protect your home, any sort of sale to family members at this point (especially under market value) can be seen as fraud by creditors, who can then reverse the sale and force that money back to them.

Assuming that the credit cards are in his name only, he is responsible for the debt (unless a family judge ordered otherwise in a separation/divorce proceeding). If the credit cards are joint, you are just responsible as he is.

If you have access to funds, I suggest immediately meeting with a lawyer and discussing your options for protecting your assets and possibly looking at a separation.

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Answered on 1/02/08, 11:54 am


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