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 Having been through a recent divorce
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peted
Starting Member



10 Posts

Posted - 08 July 2009 :  11:09:48  Show Profile  Visit peted's Homepage  Reply with Quote
Having been through a recent divorce I was awarded the marital home but with without the means to pay the mortgage, I have been trying without success to sell it. The house is now under repossession procedings and earlier this year I made myself bankrupt. I have now been granted, via the local council, a rented house which I am in the process of decorating and re-fitting, my question is: What am I allowed to take out of my house to use in the new house? Obviously I'm taking curtains and poles but what about carpets? and what about the built-in oven and hob or, say, built-in wardrobes or floorboards in the attic? It's not as if I'm selling the house and all of these items my ex husband and I put into the house when we bought it so I am assuming I am entitled to take them out again.

gettingoutofdebt
forum expert



2418 Posts

Posted - 08 July 2009 :  11:26:33  Show Profile  Reply with Quote
If the house is being repossessed then there is no reason why it can't be stripped clean. The mortgage should only cover the building itself rather than the contents.

Even though some houses will come with 'carpets and curtains' these details aren't normally in the mortgage.

I've been to look at a few repossessed houses that have been up for auction and they are completely stripped so if you don't take the things there is a very good chance that the mortgage company will and they will then sell them on.
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peted
Starting Member



10 Posts

Posted - 08 July 2009 :  11:59:33  Show Profile  Visit peted's Homepage  Reply with Quote
Thanks for the response, that's good news. One small complication is that my ex-husband has expressed an interest in clearing the mortgage arrears and taking the house back on. He's done this through the OR and they have told him to get an up to date valuation although to my knowledge this hasn't happened yet as no-one has asked me for access to the house. Presumably this still doesn't alter the position as the whole contents of the house belong to me?

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gettingoutofdebt
forum expert



2418 Posts

Posted - 08 July 2009 :  12:05:04  Show Profile  Reply with Quote
If the house is legally yours then the contents are yours to do with as you please. If your ex takes back the house (presumably you would need to sign something to say that you are handing it to him) then whatever contents are in the house then would become his.
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Jane.l
Average Member

511 Posts

Posted - 08 July 2009 :  12:11:53  Show Profile  Reply with Quote
Has the house actually been repossessed yet? If it has, then do not go and take those things, as the mortgage company will be the legal owner
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peted
Starting Member



10 Posts

Posted - 08 July 2009 :  12:28:43  Show Profile  Visit peted's Homepage  Reply with Quote
No, the house has not yet been re-posessed. I received a notification of intended re-possession from the lender on Xmas Eve last year, I went BR in the spring this year and I've been living there since but I'm about to move out now.

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