How would my husband’s bankruptcy affect me?

In Affect on Family, Anonymous Q & A, Manitoba, Winnipeg by Questions1 Comment

I’m going through a divorce and my ex husband may file for bankruptcy, I have three children and have been paying for the mortgage for over a year and a half on my own. I would like to stay in the home but would be unable to buy him out, how would him going bankrupt affect me?

Comments

  1. Jillian Taylor-Mancusi
    Jillian Taylor-Mancusi

    Marital property laws vary from province to province, you would be best to contact a family law lawyer in your jurisdiction, and settle things like marital property, spousal support and child support. It is not uncommon for court orders to specify that one spouse with children will be allowed to stay in the house until the children are of age, notwithstanding that he may own half of the house. The trustee in bankruptcy will not be able to overturn such an order. Without such an order you would be negotiating with the trustee with respect to the trustee’s interest in the property.

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