My partner owns an incorporated company, and for the past three years, debts have been piling up due to a client's bankruptcy. He may be considering filing for bankruptcy himself. We own a house together: can my house be seized to pay the creditors? And if he personally guaranteed payments to suppliers, am I legally liable, given that we own a house together?
A house cannot be seized for company debts unless your husband personally guaranteed them, or unless they are company tax debts for which the director is personally liable.
In that case, creditors can only seize his share of the house, not yours.
If your husband files for personal bankruptcy, you will discuss with the trustee acquiring his share of the house, provided it has excess value. Excess value means market value minus mortgage debt.
In that case, creditors can only seize his share of the house, not yours.
If your husband files for personal bankruptcy, you will discuss with the trustee acquiring his share of the house, provided it has excess value. Excess value means market value minus mortgage debt.
Questions reliées
- 1) I am a person with a disability and I was able to buy my house through the Home Buyers' Plan (HBP), not because it was my first home, but rather because I needed to move to a place (a bungalow) adapted to my functional limitations. If I were to declare bankruptcy, could my house be seized? 2) My partner moved in with me last April after selling his house. We are currently finalizing the mortgage and the notary paperwork so that he can become a co-owner with me. He has already invested nearly $15,000 in the house. Would the house still be subject to seizure if I were the only one to declare bankruptcy?
- A few years ago, I transferred ownership of the house to my wife. She's going to sell it, but I'm considering bankruptcy: credit card debt, taxes, etc. Could there be a problem?
- Can my landlord call my trustee and get information and details about my bankruptcy?
- Could I legally transfer my undivided half-share to my wife by notarial deed without it being considered fraud by the building manager? I'm trying to find a solution to my excessive debt problem.
- Could you explain to me about property equity in the event of bankruptcy? We have a $132,000 mortgage and $35,000 in credit card debt. The mortgage payments are up to date, but I'm at the point where I'm making those payments on credit. This can't go on much longer, can it? What happens if the house has no equity at the time of bankruptcy? It was built almost 50 years ago and has been poorly maintained.