Property issues

[karenmac]

Husband wants to keep his name on the marital home, I live there with my three girls. Two are 21 and 19 both with Aspergers and Autism and one who is 13 years old.
My husband wants me to keep his name on our home, take my $24,000.00 pension, give me no spousal, and he pays the $25000.00 loan which he took out 5 years ago and that I signed on when I came back from my trip overseas. I work part-time spend most of my time driving my two eldest to their activities. I want to keep the home but have no lawyer to help me as my income is too high. (from ODSP) can someone help me?

[Mess]

Everyone would love to own a home; many cannot afford it and rent. Keeping the home is only possible if you can afford it. You can't make him give you the home.

The loan you co-signed is joint debt, it is not just in his name. You should each take half of it. Your pension has nothing to do with it, however if you have no other cash, you may have to use your pension to pay out. Is it a loan or a line-of-credit? If it is a loan it would typically be paid off after 5 years. If he's been sitting on a $25,000 line-of-credit for 5 years, that is irresponsible.

Does your ex have any assets? Car? The equalization process means he takes his assets and subtracts debt, you take your assets and subtract debt, and you compare the two and equalize. The house and the joint debt should be split 50/50.

Is the ODSP just for the children? Autism and Aspergers aren't necessarily debilitating. Are they incapable of supporting themselves? Are you working? What is your actual income?

Does your ex work, what is his income?