April 12th, 2008 by Questions
I have been seperated for 17 yrs,my ex has declared bankruptcy. we both still owen the home where i still reside with my children. I was recently told by my bank ,that there is a lien on my home due to ex`s bankruptcy his creditor is canada revenue. Can i lose my home or will i have to pay any monies owing because of ex.
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April 14, 2008 at 6:32 am, A licensed trustee said:
Since you ex is still on title, presumably the Canada revenue Agency is within their rights to place a lien on the house for your ex’s unpaid income taxes. Regardless of the amount your ex might owe, CRA is only entitled to his share of the equity.
If there are chaildren in the home it is unlikely CRA will try to force a sale, but their lien will remain in place until you do something about it.
In your case, I suggest you speak to a family lawyer – your ex’s tax debt nees to be dealt with, but more importantly, you need to protect yourself and your children going forward. Now that the lien is in place you’ll probably need a lawyer to negotiate its removal.