Thanks for that MF1, my understanding in this particular case was that the home was used as security but this may be incorrect.
Let's take another scenario, family home transferred into wife's name and transfer done legitimately 10 years ago. Husband pays mortgage and always has done so as wife was a stay at home wife. Would the creditor not be able to go after the home because even though the home is in the wife's name the husband holds all the equity in reality?
Also the family home protection act (FHPA) which means both spouse's have to sign for a loan, but if the loan is not secured on the home and the only one spouse signed for the loan, how does that come into play.