To start, it is my understanding that one married spouse can
declare bankruptcy without impacting the assets of the other married
spouse. If true, what about common-law spouses?
Just over 2 years ago I was involved in the purchase of a house in
Edmonton with my new common-law spouse. The cash sum invested from my part was substantial (6 figures). Only my common-law spouse and I know about this.
Due to my then eternal divorce being still in progress at that time, the house was registered only in my common-law spouse's name at the time of change of ownership with the previous owners. My 3 year old car was transferred to my common-law spouse at that time as well.
I am now considering declaring bankruptcy. All debt is in my name and
mainly carried forth from my divorce. Is there anything I have to declare regarding the house and the car? Will my common-law spouse be impacted if I declare? If we ever part, will I have jeopardized my future common-law rights regarding property division by having declared whether discharged or not?
If you say yes to me about having to declare the house and the car and I choose to ignore your advice, is there a statute of limitations regarding any future legal action should the events surrounding the house and the car become known at a later date?
Is so, when would the time limit start? Upon the date of my declaration, the date of my discharge or the date of the Trustee's discharge?
If not, who would start such proceedings against me particularly if both the Trustee and myself have been discharged by the time these events
become known? Also, would my common-law spouse be viewed as having
conspired and be vulnerable to proceedings as well?
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