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Bankrupcty

I have a house under my name and paying the mortgage.When we signed the legal paper work lawyer said I cannot sell my house with my wife’s consent,If I declare bankruptcy, will that effect her.Is she responsible for 50% of debt since she is filing separation.

Posted from: Alberta

One Response to “Bankrupcty”

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

I want to first clarify a few things. A bankruptcy is directed towards your unsecured creditors. So you if have a mortgage and file a bankruptcy, if the house hasn’t been foreclosed on the original contract stays in place.

The only way for a house to be included in a bankruptcy and you cleared from that debt is if you have the house foreclosed on prior to filing for bankruptcy. Now if the house is already foreclosed and you file a bankruptcy, you would be cleared from that debt, but only you. Any other party signed on that mortgage would be fully responsible for whatever the sale of the house didn’t cover.