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Alberta bankruptcy Q&A forum

Question:

 

My common law partner and I have split up. We have a mortgage together and he is declaring bankruptcy tomorrow. He tells me that his name will be removed from the mortgage title once the bankruptcy goes through. Is this correct? How will him declaring bankruptcy affect me? There is an outstanding balance on our property taxes of $1665.10. What will happen to that debt? I have no interest in declaring bankruptcy or foreclosing on the mortgage.


From:

 

Grant Thornton Limited

Date:

 

Nov 23, 2017

Answer:

 

Hello Charlene, When an individual files for bankruptcy, the mortgage is not rewritten to remove the individual's name. The title is also not affected until paperwork is submitted to land titles to remove his interest or if there is a foreclosure. If you are maintaining the property then the property taxes will need to be paid. You might need to look at refinancing the mortgage to you and taking full interest of the title. If there are equity available in the real property then the Trustee may contact you to discuss. I am unsure how his bankruptcy will affect you as I do not have enough information to assess the situation. You may want to contact a lawyer to review or if you have any questions concerning the bankruptcy process you may contact our office at 310-8888.

Susan Methuen
T 403-310-8888
susan.methuen@ca.gt.com

 

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