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Stone
Starting Member
1 Posts |
 Posted - 06 August 2010 : 14:06:48
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My partner is considering bankruptcy.
We live together and have children.
She has never been included on the mortage and apart from her car has no real assets apart from her company pension, she's paying in to.
I've been told that she went bankrupt she may be considered to have an 'interest' in the house! When I took my mortgage out she signed a paper the Bank provided to say she wasn't interested in being included on the mortgage.
Can you advise please?
Thanks
Stone |
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charlie44
Junior Member
231 Posts |
Posted - 06 August 2010 : 14:23:37
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| Has she contributed to any of the household bills? |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 06 August 2010 : 14:52:30
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Hi Stone
It would be wise to examine her debts to ensure there were no loans for home improvements, if there is there may be an issue otherwise it is up to the trustee in bankruptcy to prove an interest not you to prove otherwise normally there is no problem, I am presuming she contributed nothing to the deposit. |
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Bridgewood
Junior Member
United Kingdom
222 Posts |
Posted - 06 August 2010 : 15:11:36
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Hi Stone
There isn't a simple answer as it depends on your joint circumstances.
If you paid the mortgage solely from your sole account, and your partner only ever contributed to the household living expenses, you may have a reasonable argument to defeat any claim by a trustee.
But if the mortgage was paid from a joint account you may struggle.
And as Daniel Griffiths says, if she contributed to any home improvements it may be argued that she has acquired an interest
There is no hard and fast rule as every case's circumstances are different.
Good luck
Bridgewood specialise in helping people deal with their debts and make the most of their financial situation - providing free, no obligation debt advice.
We can also setup a complete range of solutions including debt management plans, IVA and bankruptcy support. |
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stntry
Starting Member
3 Posts |
Posted - 06 August 2010 : 15:34:30
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I've paid the mortgage and all household bills from my sole account. She's moved in under the agremment she would pay a minimal rental each month with contribution to phone bill, although everything is paid under my name alone.
Our finance have always kept seperate at my insistence. We did have a joint account for a while we both credited each month soley for food bill.
The debts were incurred years prior to her moving in.
She didn't contribute to the deposit and has struggled to finance her full loans for a long while, even before her moving in.
We have children now and she pays for the childcare soley. And now pays a minimal payment each month to her creditors because because the cost of childcare.
Tahnks for the info.... |
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debtinfo
forum expert
2826 Posts |
Posted - 06 August 2010 : 15:48:32
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| So she pays you rent and then you pay the mortgage, what soet of level is the rent compared to the mortgage |
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stntry
Starting Member
3 Posts |
Posted - 06 August 2010 : 16:42:04
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It was £100 pm, but nothing for years.
more of a token payment.
thanks |
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debtinfo
forum expert
2826 Posts |
Posted - 06 August 2010 : 16:43:53
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| Then at that level i think you could successfully argue that the payment only went towards bills etc and not towards helping you in any way pay the mortgage |
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stntry
Starting Member
3 Posts |
Posted - 06 August 2010 : 17:05:54
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Thanks all for the info. |
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My partner is considering bankruptcy.
