Divorce And Housing: Where To Start?
Location: Saskatchewan, Canada
I contacted my bank and the legal assistant I was recommended to, but both said I needed to talk to the other first. Feels like I can’t get answers anywhere and it’s really difficult to use google when trying to decipher what’s true or not when it comes to legal processes.
Details:
-I’m seeking divorce due to infidelity
-Provincial law states that we cannot divorce unless we’ve been separated for 1 year minimum
-Legal aid told me we need to be living in separate places in order to have a legal separation.
-He is not willing to leave the family home nor sell it
Here’s where my first dilemma comes up. The house “we” own is in his name. This was initially because when we bought this house his parents needed to co-sign and because we were already married I just figured both of our names would be on it. I didn’t know any better and they didn’t put my name on the agreement. That was in 2016. I just brushed it under the rug because I honestly wasn’t worried about it. At the time, I didn’t even have a credit card nor any credit to my name and was completely trusting of our marriage, so I never thought twice about him “taking care of everything”. I pay all of our bills(energy, water, power, groceries etc) while he covers the mortgage so it’s pretty even.
Because he’s not willing to sell the home, and my name isn’t on the deed, there’s no way I can make him move out, right? On the flip side, I’m terrified that if I opt to move out then somehow it will work against my favour when it comes to divorce if it looks like I willingly left the home.
Additionally, I would ideally want to buy a home since renting is too expensive on one income when I need 3 bedrooms for me and my kids. I don’t have the savings to buy my own home though because literally all my paycheque goes into bills and necessities. I’ve also got student loans that are in repayment and 13k on a credit card that I’m making minimum monthly payments on.
Aside from that, another concern is that I had wanted to go back to school to further my career and make a better wage, but I felt like I couldn’t do that because of all the expenses and this whole situation going on.
Just as I made the choice in December(2 months ago) to hold off on school, he decided to go back. So he started back as a full time university student in January.
He made arrangements with his parents to cover the mortgage. So he’s not paying anything right now, but he also has no income.
Will him being jobless affect me if I apply for divorce/separation while he has no income? I also don’t want to screw over his parents because if I move out then I cannot afford to help with bills here,so they would need to pay for it all.
There’s a property only a few blocks away that I REALLY want to purchase, but I don’t even know how to get started on saving for buying a property while I’m literally living pay check to pay check.
If anyone knows a sure-fire place I should start, please advise. I’m feeling overwhelmed about not knowing how to go about this or what to prioritize.
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