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

Discussion in 'Debt and Bankruptcy Law Forum' started by Minnow, 21 November 2014.

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  1. Minnow

    Minnow Member

    21 November 2014
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    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.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    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.

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