LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Separation and Property Settlement - Will I be Liable to Pay Debt?

Discussion in 'Family Law Forum' started by Dantahls, 8 November 2015.

  1. Dantahls

    Dantahls Member

    Joined:
    8 November 2015
    Messages:
    2
    Likes Received:
    0
    I've been separated 10 months. My husband has decided to go bankrupt instead of agreeing to a property settlement and will have a large sum of debt from all the rental properties that we had which are all In his name. He has told me today if he goes bankrupt, I will have to go bankrupt, too as I am also liable to pay half of this debt?!

    Is this true? :(
     
  2. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35
    If bankruptcy occurs after separation but before a court order has been made, you as the non-bankrupt spouse can:

    a. Seek orders from the Family Court for the settlement of your property against your spouse's trustee;
    b. you can give a notice of claim against the assets collected by the bankruptcy trustee and then apply to the courts for an injunction to prevent the trustee from distributing the assets further;
    c. You will be able to apply for spousal maintenance.

    I suggest you seek advice from your family lawyer (if you have been to see one).
     
  3. Dantahls

    Dantahls Member

    Joined:
    8 November 2015
    Messages:
    2
    Likes Received:
    0
    Thank you.
    I don't have a lawyer
    Can these forms be obtained from the family court?
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,723
    Likes Received:
    405
    Given the complexity of the situation and the amount of money involved,
    you would be well advised to get one.
     

Share This Page

Loading...