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If you have unsecured debt of under $10,000 and live in the Province of Ontario filing bankruptcy may not be the best option for you. We suggest you contact the Office of the Superintendent of Bankruptcy at 416-973-6441 to discuss your options, or you can visit their website here.

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Spousal Responsibilities

If one of the spouses in a married couple declare bankruptcy, can debts to which both spouses are co-signed be included in the bankruptcy; or do both parties need to declare bankruptcy in order to discharge a co-signed debt? How does this change (or does it change) in situations of separation or divorce?
Thanks!

Posted from: Ontario

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One Response to “Spousal Responsibilities”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

If you have both signed on the debt the only way to both be cleared of the debt is if the both of you file for bankruptcy. This makes no difference if you are married, separated, or divorced.

Legally a bankruptcy can only release the person who filed for bankruptcy from the debt.