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GemmaL
Starting Member
United Kingdom
6 Posts |
 Posted - 01 March 2010 : 21:32:39
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Hi
This is a complicated story but I need some advice
My husband is considering bankruptcy, WE (me, he and our child) live in private rented accommidation but he used to live with his ex partner and they shared a house AND mortgage.
He left, to be with me stopped paying the mortgage and she started kicking off, threatened she'd take the house from him, he wasnt bothered and said he'd sign it over to her.
We couldnt afford solictors at the time and they had sent him papers, so he just signed them, turns out later on we found out they were deed papers and he was signing away his interest which made them "Tenants in Common" so if ever his debts got too much court or whoever couldnt take her half...basically she was protecting herself.
THEN...in March last year, since he wasnt there he was getting post off a creditor HSBC BANK and they had threatened with legal action and a CCJ but he never recieved the post so he couldnt go to court when they'd asked to plead his case, it wasnt untill the CCJ had turned into a Charging Order against the house, otherwise called a Restriction against the property which made it a secured debt against the sale of the property.
NOW...he has joint debts still with her, but his went into the IVA that we were paying so he wasnt getting the hassle, she was but her dad kept txting my husband telling him to sort it...what he didnt understand was that kev had sorted his half but they'd still come after her...is there anything we can do to stop this???
Its soooo annoying.
So now, we're just wondering what happens when the house is listed in the bankruptcy, because it is an asset as he owns half but we dont know if it has any equity.
Any advice??
To know the road ahead, ask those coming back. |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 02 March 2010 : 08:25:05
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As you say, this is quite a complicated issue. I would really recommend speaking to one, or both, of the companies below regarding this issue:
Reviva UK: http://www.revivauk.com/
Jones Giles - http://www.jonesgiles.co.uk/
An initial chat with them is free and you will be able to know where you stand after a 5 minute conversation with them. They both post on this board and are highly respected. |
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ONK
Junior Member
135 Posts |
Posted - 02 March 2010 : 09:11:45
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| i would deffo reccommend seaking to PAul at Reviva |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 02 March 2010 : 13:27:41
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Unfortunately GemmaL under 'joint and several liability' the banks/companies are quite within their rights to place a claim in your partners IVA and 'go after' his ex for payment as they are both liable for the whole amount (ie a joint loan for £10k means both parties liable for £10k NOT half or £5k each)
Your partner's ex would have to make arrangments for any joint creditors to be repaid- they are still her responsibility
Hope this helps, Melanie
Melanie Nicholas
29 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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