Personal Bankruptcy Forum


Author:   Michelle
Date:   January 14, 2002
Question:  

My common-law spouse is concerned if I file for bankruptcy that they will take his property as being both of ours. Is this true? We are totally independant financially and have never shared accounts or even property together. The house is in his name as it was bought before we got together. I do not want to put him at risk or under a microscope. Does he have to be involved at all? I do not own very much household property, he has bought numerous things for the house, but we cannot prove that some of the items in the house were bought by him. I do not want him to to be affected by this at all. Will he be affected?

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   January 15, 2002
Answer:  
Your filing for bankruptcy should not affect your common-law spouse's assets or debts. Usually in a bankruptcy a spouse's income must be declared to the Trustee along with yours, however, there is a provision that can allow you not to have to disclose it. Your Trustee can advise you how that entire process works.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




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