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T O P I C    R E V I E W
helent Posted - 30 April 2009 : 10:21:05
I would like some info so i can be well informed. I have an ex partner who i ahve a house with, he has been through a iva to get his loan debts in order, our agreement was that i paid the bills on the house and he paid the mortgage. During the iva process would they have looked at his outgoings including his mortgage? i ask for 2 reasons, 1)i would like to know if it is true that a debt councillor would always look at making sure a mortgage is paid first and foremost, then a affordable amount to loan debts........? 2) he is claiming he can not afford to pay the whole mortgage and will pay half. I know that his business is doing fine, he still has work for 2 people as he still has an employee, surely the debt councillor would of advised he make employees redundant if his business could not afford the wages going out or indeed did not have the work? please could you advise, hypertheticaly what would of happened with the proceedure of the IVA, of course he is threatening to 1just go bankrupt` which in turn would take me with him, as the house needs to be sold to recover my deposit in the house which was all of my savings. also while i was in a relationaship with this person he reduced his debt by 10k with my help. I f he did decide to go bankrupt could i have any claims, as we have a agreement in place that he was to pay the mortgage whilst i paid the debts. I know this is classed as a personal agreement, as joint mortgages are boths responsibilty, that is not what i am asking, just about our personal arrangement, also it is in writing he feels he owes me the deposit as he put nothing in but was supposed to. please can u advise on this qustions in particular i need to understand more about the iva proceddure he would of gone through as the claim he cant afford the mortgage i know is untrue. many thanks
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Reviva UK Posted - 30 April 2009 : 15:29:47
If you were to petition for bankruptcy I am sure that the Official Receiver would pursue your claim on the property as it sounds like you have a beneficial interest there

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com

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