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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101418
Experience:  Lawyer
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If my husband is on disability and now cannot pay his bills

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If my husband is on disability and now cannot pay his bills ... can his creditors take our home of which we are both on the deed?

Thank you for your question.

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I am sorry to hear that you are in this difficult situation.

A creditor could sue your husband and then can seek to enforce that Judgment against any of his assets unfortunately.

So they could seize and sell the house. Your half of the equity would be safe.

So if there is not a lot of equity in the house they would not likely do this.

As well, if there is not a lot of equity in the house then it may make sense for your husband to speak to a Trustee in Bankruptcy about the idea of declaring bankruptcy.

He can do that for free quite easily.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

What if he does declare personal bankrupcy... I don't want to lose our home...can't he just remove his name from the deed of our home?

I know you don't want to lose your house.

If there is not a lot of equity in the house you would not lose it if he declares bankruptcy.

You cannot remove his name to defeat creditors. That would be considered fraud and the transfer would be set aside.
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