Question: My husband left me a year ago and left me essentially with all our debt inclusive of 2 mortgages (joint), loan (joint), line of credit (joint), credit cards (my name, actual joint debt). I sought a spousal support order which was granted until our house sold. He is in default 8000$ and Family Responsibility is involved. The house is pending sale, however there is a shortfall of 15000$, which I proposed we split. He has a new girlfriend. He has just claimed bankruptcy. How does the process work for me?
Answer: If your ex-husband has claimed bankruptcy, you remain liable for all of your joint debts. Since he is bankrupt the creditors cannot pursue him, but they can pursue you.
We suggest you discuss this with your lawyer, who can advise you what is likely to happen with your joint assets. Your ex-husband is no longer liable for the shortfall on the house, since it will be included in his bankruptcy.
However, if the court orders him to pay you support, that is an obligation that is not discharged in a bankruptcy; he must continue to pay it, even if he is bankruptcy. A bankruptcy trustee can give you more details on your specific situation, and help you decide whether or not it is necessary for you to file a consumer proposal or bankruptcy as well.