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 ex going bankrupt where do we stand with house?
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karantine 86
Starting Member



1 Posts

Posted - 26 July 2010 :  20:43:28  Show Profile  Visit karantine 86's Homepage  Reply with Quote
my husband left me six years ago and is living with someone else. We divorced 12-18 months ago. I have stayed in the house with the children(youngest now 10) and gained it as a part of divorce settlement. I have recently heard my ex is going bankrupt where do we stand with the house?

debtinfo
forum expert



2826 Posts

Posted - 26 July 2010 :  20:46:55  Show Profile  Reply with Quote
Did you have a consent order, was there any equity when the property was transfered to your sole name
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karantine
Starting Member

United Kingdom
2 Posts

Posted - 27 July 2010 :  16:18:17  Show Profile  Reply with Quote
Yes and yes!
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debtinfo
forum expert



2826 Posts

Posted - 27 July 2010 :  17:28:12  Show Profile  Reply with Quote
When was it transfered, how much was the equity that you gained and was there any challange to the consent order, IE was it ordered by the judge or just rubber stamped because you had come to an agreement

Its a complicated subject and it it hard to say without all the facts
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karantine
Starting Member

United Kingdom
2 Posts

Posted - 27 July 2010 :  18:51:15  Show Profile  Reply with Quote
We took out a joint mortgage of £30000 for the house in 1989. It's worth over £100000 now with 4 years left on mortgage.There was no challenge to the consent order.
Many thanks for the help so far.
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debtinfo
forum expert



2826 Posts

Posted - 27 July 2010 :  18:58:04  Show Profile  Reply with Quote
If the divorce and transfer was within 5 years of the bankruptcy, The OR may challange the the Order and ask for your ex's share back if it was transfered when your ex was insolvent, If he was solvent or it was more than 5 years ago then you are in the clear, If not its a bit more complicated
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