Free Consultation

Property owned solely by non-bankrupt spouse

What course of action, if any, can unsecured creditors pursue, with regard to the matrimonial home, where one insolvent spouse has no title and has not contributed to the purchase of the property owned solely by the other non-bankrupt spouse and was purchased 2 years before marriage and three years prior to spouse filing a proposal or bankruptcy? My understanding is that unless there is a marital breakdown, the unsecured creditors have no rights to the property, is that correct?
Only one credit card debt might be joint and, if proven, non-bankrupt spouse will assume payments to preserve credit rating.

One Response to “Property owned solely by non-bankrupt spouse”

A licensed trustee said...

Your understanding is correct. Based on the information that you have provided, the non-bankrupt spouse should have nothing to worry about in so far as the house is concerned.