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 Can court claim my wife's share of property ?
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Alexander.ak
Starting Member



1 Posts

Posted - 27 June 2011 :  17:42:45  Show Profile  Visit Alexander.ak's Homepage  Reply with Quote
The property is owned jointly with my wife. It was purchased in 1993 by paying part cash deposit (from my earnings) and part mortgage (in our joint names and joint account too). Eventually, I've paid out mortgage from my earnings as well, because my wife (now a retired person) hasn't worked for all these years. Can the Court claim my wife's share if I declare Bakruptcy and my own share is not enough to repay creditors?

debtinfo
forum expert



2826 Posts

Posted - 27 June 2011 :  21:42:49  Show Profile  Reply with Quote
They can only clim your share, The question is how big your share is compared to hers. Generally if it is jointly owned then the OR will assme a 50:50 split unless there is a really good reason to think otherwise
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