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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My husband moved out yesterday...completely blindsided me.

Customer Question

my husband moved out yesterday...completely blindsided me. He advised that he is going to file for bankruptcy. My question. I own my house, we married about 5 years ago. During that time about 150000.00 was taken off the home line of credit with out my knowledge...or i found out after the fact. Is there anything i can do to get any of this money back and what happens to my home if he files for bankruptcy. His name is ***** ***** line of credit, but not on the Mortgage.
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Customer: No....should I
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Customer: he cleaned out the garage yesterday of everything that was purchased during our 5.5 marriage. Im afraid he will do the same thing in the house as well. He also said he is not gong to pay for anything from here out and yesterday i found out that he did not pay the mortgage payment or line of credit payment this month. Is there anyway that he would be responsible for half of this unaccounted loss in the equity of my house? And am I with in my rights to change the locks to my home
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When you say his name is ***** ***** mortgage do you mean that his name is ***** ***** title to the house?

What province are you in, please?

Customer: replied 1 year ago.
I am in Alberta. His name is ***** ***** title. but it is on the line of credit.
Customer: replied 1 year ago.
He has said to me that he will be filling for bankruptcy, and that all of this dept...almost 300,000.00 will fall on to me soley to pay. Is this true and how can i stop having to pay all this dept my self. He signed onto the line of credit when we got married about 4 years ago. Slowly the equity in the home has been depleted. Help.........
Expert:  Debra replied 1 year ago.

I am sorry for this difficult situation.

As the title to your house is in your name alone the house is not at risk if your spouse declares bankruptcy.

Unfortunately, if there is joint debt and he declares bankruptcy the creditors will come after you for the full debt.

This is potentially a catastrophic situation for you financially. Your first step should be to call the bank and make sure no more money can be withdrawn by your spouse.

Your second step should be to consult with a family lawyer face to face.

You may need to get an order for exclusive possession of the home as he has already removed family assets from the garage.

You are not permitted to change the locks but if you do and he calls the police and you explain that he moved out it may be OK for now.

I am so sorry I cannot give you a more optimistic answer.

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