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 bankruptcy postbag for june
 will my wife's house be included in my BR?

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T O P I C    R E V I E W
paul.w Posted - 18 June 2008 : 19:53:12
Hi, Can someone explain if I go BR and our house is only in my wife's name, will the house be included in my BR?
6   L A T E S T    R E P L I E S    (Newest First)
JulianDonnelly Posted - 20 June 2008 : 14:04:21
Hi Rob,

I would imagine the worst case scenario would be to give the OR a nuisance payment of a couple of grand to set the property aside. However, there was a recent legal precedent that stated if a property was awarded in a divorce settlement to the non-BR spouse, the OR/Trustee can't touch it.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
robertttocs Posted - 20 June 2008 : 14:01:59
Not one to set alarm bells ringing, but even though I had divorced some 6 years prior to my BR the OR did talk about the possibility of including my ex's property as an asset even though I had signed over the house to her many years prior. However on a good note the OR did state that it had been so long since i had lived there that it would not be usedas an asset so a bit of an early sweaty moment. Rob
JulianDonnelly Posted - 19 June 2008 : 10:51:25
Hi Paul,

It is likely that the OR will argue that even though the house is in your4 wife's name, you will have a matrimonial interest. Who pays the bills and the mortgage?

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
applebabe Posted - 18 June 2008 : 20:30:50
Hi Vicki
You are such a help on here!
Keep up the good work hun.
Maxine x
m and v Posted - 18 June 2008 : 20:20:35
Hi Paul - its all about whether you have any financial interest in the house. What you contribute financially to the house/mortgage/ deposit for it etc
One of the BR assist experts should be on line soon to advise you.


Vicki x
applebabe Posted - 18 June 2008 : 20:15:30
Hi Paul
If it is only you going bankrupt and not your wife I dont think they would be interested, but please wait for one of the experts to tell you for sure.
Maxine x

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