VIC Can Ex's House Purchased After Separation Be Taken With Bankruptcy?

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Minnow

Member
21 November 2014
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Hello,
I have the Debtor's petition currently sitting in my Drafts. I was married and we are separated not yet divorced. My Ex has purchased a house.

My problem is that I have run up debt and was going to declare bankruptcy, but am scared that they can take his house and he has no idea the financial trouble I am in.
Thanks
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
I am not an expert in bankruptcy and family law. However, property purchased by the bankrupt's spouse (non-bankrupt party) where the bankrupt spouse did not contribute to the property and the property is solely held under the non-bankrupt spouse's name, the property will not form part of trustee's property: see "property of a non-bankrupt spouse"

I doubt your ex-partner's property will form part of the trustee's property.