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Ms.

Good day. My spouse owes over $80K in unpaid credit card debt solely in his name and unpaid taxes from his company which I served as bookkeeper/office administrator and 49% share holder for the past year. We have been common-law for 9 years now, have an 8 year old child, and we have a mortgage of $220K for the past 6 years on a house that may be worth this or slightly more.
My question is this: He wants to declare bankruptcy. I have excellent credit. In the event he does declare bankruptcy, will we be forced to sell our house? If not, would I have to “qualify” to have the mortgage remain in my name?

Thank you for your time,

Anonymous in Nova Scotia

Posted from: Nova Scotia

One Response to “Ms.”

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

I wouldn’t expect that filing for bankruptcy would result in you losing your house. A bankruptcy is really directed at secured creditors and won’t impact the mortgage at all, as long as you are current on your mortgage payments at the time of filing.