November 23rd, 2010 by Questions
i have equity in my house to pay of the creditors but my two children are in title 25%each and i have 50% in case of bankruptcy what can happen?and the children don\”t agreed to sell the house.
Posted from: Ontario
One Response to “advice”
Please post a follow up comment below:
(Note: comments are reviewed by moderators and then posted after approval. In addition, due to high volume some of the comments might not be posted.)
You must be logged in to post a comment.
November 24, 2010 at 11:03 am, A licensed trustee said:
If the other owners of your hosue (your children) don’t want to sell the house then you’ve got a couple of options. The first is to sell you 50% interest to them – they will have to pay the fair market price for your share to your trustee, but then they’d own the house and your creditors would get paid.
A second option is for you to agree to pay an amount equal to your equity into your bankruptcy over time. As long as you don’t need more than a couple of years this solution will work.
A third option, and possibly the best, is to consider filing a consumer proposal to your creditors. You can take 5 years to pay off a proposal (which means 5 years to repay your equity).
Which ever trustee you contact will review these and other options with you. This is not an uncommon situation and there are ways to deal with it so your children don’t have to sell the house.