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 bankruptcy postbag for june
 will my wife's house be included in my BR?
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paul.w
Junior Member

United Kingdom
170 Posts

Posted - 18 June 2008 :  19:53:12  Show Profile  Reply with Quote
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?

applebabe
Junior Member

United Kingdom
243 Posts

Posted - 18 June 2008 :  20:15:30  Show Profile  Reply with Quote
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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m and v
Average Member



United Kingdom
760 Posts

Posted - 18 June 2008 :  20:20:35  Show Profile  Reply with Quote
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
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applebabe
Junior Member

United Kingdom
243 Posts

Posted - 18 June 2008 :  20:30:50  Show Profile  Reply with Quote
Hi Vicki
You are such a help on here!
Keep up the good work hun.
Maxine x
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 19 June 2008 :  10:51:25  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
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
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robertttocs
Junior Member

United Kingdom
173 Posts

Posted - 20 June 2008 :  14:01:59  Show Profile  Reply with Quote
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
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 20 June 2008 :  14:04:21  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
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
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