Today 09/08/2010
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Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

House in Spouse’s Name and Bankruptcy

Question: My husband is contemplating bankruptcy due to debts that are impossible to pay back. He was the guarantor only on the house mortgage; the house has been solely in my name for over 20 years. We have received a letter from a collector indicating that they will be filing a writ of sale and seizure on our property – is this even possible when it is in my name and if so, what happens in regards to the house and mortgage in regards to a filing of bankruptcy. Will I be affected?

Answer: If it is your house, and if it has always been your house, then one of his creditors cannot seize your property to pay his debts.

Here is a link to a detailed article about the impact of bankruptcy on a spouse.

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