QLD Can I File for Bankruptcy?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


21 October 2015
My ex husband and I have a mortgage that isn't being paid. The house is currently on the market. Ex was the sole income earner and left the household and all the bills behind. I am now on a single parent pension and full time carer of my 2 children. Just wondering if, I can file for bankruptcy?

James D. Ford - Solicitor

Well-Known Member
LawConnect (LawTap) Verified
Hi Charlie

Did you know that you have legal rights to enter a binding property settlement with your ex?

Does he still have an income?

Did he take any assets with him - car? furniture?

Did he have any money in a separate bank account?

Did he have an superannuation

(All of the above would form a part of your joint marital assets to be divided between you both)...

How long ago did you divorce?

If after everything is sorted with your ex-husband.. you have debts... there are alternatives to Bankruptcy which may or may not apply to you.. and need to be considered before you take any such decision.