August 8th, 2013 by Questions

If a wife has large credit card debt that the husband didn’t sign for can she claim personal bankruptcy.
They are married and their home is paid for.
The house is in both names.
She has no vehicles in her name.
Can one party claim bankruptcy or what happens in a situation like this.

Posted from: Ontario


One Response to “bankruptcy”

, A licensed trustee said:

Yes, either spouse may file bankruptcy or a consumer proposal by themselves – the other spouse is not required to do the same thing (or anything at all).

One problem you may encounter is the fact that your home is paid for and you own it jointly with your spouse. When someone files for bankruptcy they are required to pay an amount equal to their share of the equity in their home – depending on the value of your home, bankruptcy may not make sense for your spouse. Just be prepared to find out your spouse has to pay an amount equal to her half of the house if she wants to file.

Please post a follow up comment below:

(Note: comments are reviewed by moderators and then posted after approval. In addition, due to high volume some of the comments might not be posted.)