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He kept all the money when we sold our house

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Anonymous Asked:

My spouse and I sold our house but are still renting together now cause we want the kids to finish the school year since we both plan on moving to another city. We are mentally separated and are about to talk to lawyers to make things final. However since the house was sold my spouse took all the house money and hasn't let me have anything till we are done with lawyers. I have recently had to quit my job. I was a stay at home mom for years. I now have no money at all. He allows me to stay in the rental and pays the bills, but I can't buy grocery or gas money nothing. So I still had access to our joint line of credit.So I withdrew money before he blocked me out to use on everyday things I need till I find another job. Now my question is will I solely be responsible to pay it off and ask the interest collected? Also I needed new glasses and gave him the receipt to give to his work to claim and he says I no longer get to use his work benefits since we are separated. We don't have a legal agreement yet and never lived apart yet. Is he in the right?

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I have read your question. I am very concerned about the facts that you have relayed. In particular, I am concerned about the fact that you say that he has taken all of the money. Is the money being held in a lawyer’s trust account, or is it under his personal control? This is a very important question.

In terms of the benefits issue, in relation to your glasses, most insurance policies allow coverage to spouses in your position until a divorce. I cannot provide you with a specific answer that applies to you as I am not familiar with his exact policy of insurance. However, and I say this with a caveat that I can provide no guarantees whatsoever, I suspect that he is still capable of having you covered under his work benefits. You should ask for a copy of the benefits plan and applicable policy of insurance to find out.

In terms of the line of credit issue, the answer is: “it depends.” I need to ask you certain questions before being able to provide you with specific guidance. You are welcome to telephone me with respect to any or all of the issues that you have raised and I would be pleased to provide you with a free consultation. You may reach me at 866-557-3222.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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