Does an execution creditor have any legal or equitable interest in the matrimonial home of the debtor?
Ontario, Canada
The following excerpt is from Beynon (Bankruptcy of) (Re), 2003 CanLII 18688 (ON SC):
An execution creditor has no legal or equitable interest in the matrimonial home of the debtor, and, consequently, no right to intervene in a matrimonial property action between the debtor and his spouse, even if it is alleged that that action is a “friendly alwsuit” undertaken for the purpose of defeating the creditors rights. Kalinocha v. Kalinocha 1984 CanLII 2309 (SK QB), [1984] S.J. No. 19, pages 1-3 Analysis Timing of the Settlement and the s.38 Motion
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