Matrimonial Home

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.
Thank You

One Response to “Matrimonial Home”

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 ex’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.