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Ontario - Canadian law question
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Posted by mistopheles52 (My Page) on Fri, Jan 22, 10 at 9:56
| Hi: I am hoping I can find someone on the forum who might know about debt. Recently I have discovered that my husband has incurred a substantial amount of debt on 2 credit cards and took out a loan to buy a car two years ago. I was not privy to any of the financial information (in fact he lied to me about how he got the car) before this time and it just all came out recently when a collection's officer came to our door giving me details of a two month no payment on the car. I am under stress with this and he seems to think that I should not have any need to know what is going on financially (as he takes care of it) and will not permit/allow me access to the account where all household funds are kept. I can't believe his passive aggressive behaviour about this. This has been going on for too many years of this marriage and I want to protect myself all the way around as it would appear that I am dealing with a bigger problem. Am I responsible for his debt when he dies? Would anyone know what I can do? Thanks for your help. |
Follow-Up Postings:
RE: Ontario - Canadian law question
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| I think you should really speak with a lawyer. I do live in Ontario - I know that there is a government service that you can call where you can have an initial free consultation. There are too many unknowns for anyone to provide you with the comfort that you so obviously need and want. But, one thing for sure, should your husband die, his estate would be on the hook for his debts. I really encourage you to speak with a lawyer - it is unlikely that the credit card companies will speak with you - I have supplementary cards on my husband's credit cards and he had to give them permission to speak with me (and, yes, I would be on the hook for debts incurred by him). I wish you the best of luck - just take some action now so that you will know where you stand. I guess you can't speak with your bank since you do not appear to have a joint bank account??? |
RE: Ontario - Canadian law question
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| Yes you will be responsible for your husbands debts. I would demand to know about all finances. It is unreasonable and a power bid for your husband not to give you access. You are not a child and you should be an equal partner. If he won't agree then see someone to see how you can protect yourself. To do nothing is to see yourself in trouble later and even homeless if he is so reckless with money. Not to mention the measley amount you will get to live on in old age. |
RE: Ontario - Canadian law question
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| Eccentric and Oilpainter - Thank you for responding. I am not sure why he is like this and I might be dealing with something else altogether here. I had thought of the legal aspect of it before.....I just needed someone else to say the same thing. Eccentric - Do you know which government department I can go and speak with someone about this? |
RE: Ontario - Canadian law question
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| Unfortunately, I don't know which government department to contact. I am in Toronto and have occasionally seen public service ads on TV - as well as references to it on another Canadian forum. I think if you look at the Ontario Government Website - and also the Legal Aid website for the area you live in you should be able to find out who to contact. If all else fails, you may have to find a small law farm and have an initial consultation. Based on your husband's behaviour I think that this would be your best option. Or, perhaps just call the Ontario government general office and ask who you should speak with. You might ask at your bank if they know who you should contact. While they cannot legally give you any information on the bank account since it is in your husband's name only, you will hopefully be able to speak with someone who will have sympathy for your situation - and they have seen it all before. I would start with the manager. Or maybe even call the head office of your husband's bank and ask someone there - that way if your husband has a special relationship with his bank he will not be alerted that you are taking action. Another possibility is to contact a a centre for abused women - they know all about these things. I come from a similar background (childhood, not current marital situation) so this would be worth a try. I really think you need to do this - otherwise you will be in serious trouble - and not only if your husband dies. I am assuming that your home, if you own it, is in both of your names - and that he can't sell it out from under you without your signature - but it has been done before - forgery. I wish you the best of luck. One thing for certain is that if the worst happens, you will be blamed for putting up with his nonsense. |
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