March 21st, 2006 by Questions
I have recently been separated from my husband. He has now claimed personal bankruptcy. The home I currently live has both our names on title. I have been awarded exclusive possession of the home. I currently am putting the home up for sale, i have been informed that his half of the equity is now a matter for the trustee to deal with. What would be the process to have the sale completed? Any questions or comments would be greatly appreciated.
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March 22, 2006 at 12:41 pm, Barton Goth, GCO Inc. Bankruptcy Trustees said:
This depends on a number of things, including:
i) How much equity is in the home;
ii) What province you live in;
iii) At what point in the separation process you ex filed for bankruptcy;
iv) Whether or not your ex was living in the home at the time he filed for bankruptcy;
v) Whether or not your exâ€™s trustee has registered on title to the house.
vi) The specifics of the court order that granted you exclusive possession.
Typically a court ordered separation agreement that specifies the home is yours takes precedent, but it really depends on issues identified above. I would recommend you consult with a lawyer who is familiar with both family and insolvency law to verify based on the above issues what the next step for you to take is.