I am in the middle of divorce proceedings. My husband signed over his half of the house prior to commencing his bankruptcy. His statement of affairs indicated he had no assets and that the house was in my name as I had always and would continue to make all mortgage payments. A separation agreement was drawn up which confirmed the house was mine.We are not sure if the separation agreement was signed before or after he commenced bankruptcy. He is now trying to claim half of the house saying that he should not have signed over the house. My understanding is that any interest he had would have vested in the trustee. A family law judge said it depends on when the separation agreement was signed, i.e. before or after he commenced bankruptcy proceedings, but he wasn't sure. Do you know the answer to this question? Are there any cases on this subject that I could refer to?

I'd suggest you seek legal advice from a lawyer who specializes in bankruptcy.

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