Ontario Canada Divorce and Debt

This is a discussion on Ontario Canada Divorce and Debt within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am in the beginning stages of separating from my husband. This is the way things started: I owned my ...

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Old Oct 6th, 2009, 11:23 PM   #1
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Unhappy Ontario Canada Divorce and Debt

I am in the beginning stages of separating from my husband.

This is the way things started: I owned my own home, he had nothing. I purchased a car one year before we started living together, almost 2.5 years before we got married. I sold my house and put the down payment down on our marital home. I also had $10,000 in credit card debt. My husband had very bad credit, and could not get any credit. My credit history was excellent. We lived together for 16 months before we got married. This was a 2nd marriage for both of us.

Two years later, we are ending our marriage, and our credit is a nightmare. He has been unemployed twice in the last year, and we used his RRSPs and RPP, and credit cards to cover living expenses. I have never been unemployed, and made more money than he did for almost all the time we were together.

-90% of our debt is in credit cards in my name only - he has additional cards for two of those accounts.
-My car is almost completely paid off.
-His car is 25% paid off - he still owes more than he could sell it for. The loan is in his name, I am co-signer.

We are selling the marital home, and the proceeds are going towards our debt. This will not be covered 100%, but we are in agreement to split what's left.

My questions are:
1. What claim does he have on any RRSP/RPP in my name?
2. What claim does he have on any equity in my car?
3. What responsibility do I have to pay his car loan? Other than as his co-signer if he defaults (yes, this is giving me nightmares)
4. Is he legally responsible for the debt we accumulated during our marriage, even though the majority of it is in my name only? (This one is just in case he backs out of our deal - he's very emotional, and unpredictable)

His argument is that he helped pay off my car, so I owe him for his car. I say that because I have no claim on his car, and will not be using it, it is his responsibility to pay that loan.

I am not trying to keep anything from him if it's rightfully his, but I also don't want to get taken to the cleaners by this irresponsible person. There are no issues of child support, spousal support, or custody.

Thank you in advance for any help you can provide.
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