Bankruptcy and Common Law Partners

Does bankruptcy affect my spouse or common law partner?

Your spouse, whether common law or married, will not be affected by your bankruptcy if they are not responsible for any of your debt i.e.: they did not sign a loan agreement or contract for any of your debt.

Should your spouse or common law partner have a supplemental or spousal credit card, they may be responsible for that debt. That will depend on the wording of the cardholder agreement.

Your spouse’s credit rating will not be affected by your bankruptcy and any assets in the spouse’s name will not be part of the bankruptcy.

If your spouse is responsible for any of your debt or has debt of their own, they should seek the advice of a Trustee to discuss their options.

A spouse may be affected by the income disclosure requirements during bankruptcy, but the Trustee will discuss this with you before filing

Ask a Trustee

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