Legal seperation and Bankruptcy

March 2nd, 2009 by Questions

I am legally seperated from my Husband and have been for the last 6 yrs. When we were married we bought a home together. I left the home when I left him.. he subsequently lost the house to the bank and claimed bankruptcy.

That brings us to the present.. like I said I have been legally seperated for 6 yrs. I just got a letter in the mail stating that I owe $41, 000. For the home that was taken by the bank 6 years ago. I am responsible for this amount even though I left the home.. and he claimed bankruptcy.. wouldn`t all of that been included in his dealings? We did not get legally seperated until after he claimed bankruptcy.

Posted from: Ontario


One Response to “Legal seperation and Bankruptcy”

, A licensed trustee said:

A separation (or a divorce for that matter) cannot remove legal rsponsibility for you to repay any debt that you originally signed for. Even though you’ve been separated for an extended period of time, if you originally signed for the house and your name was never removed from the mortgage then the mortgage company has a right to pursue you. You may want to speak to a Family law expert to see if there is anything you can do to your ex, but you will need to find a way to deal with the mortgage shortfall.

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