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Husbands unsecured debts - will divorce save house

  • jeanuk53
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08 Jul 13 #400502 by jeanuk53
Topic started by jeanuk53
Hi everyone, I''ve been married for 29 years, my husband has always drunk heavily and gambled and has now admitted to having £30,000 unsecured debts. He has been unemployed since December last year and now his money has run out and JSA has ended so he is wanting me to bail him out as I have often done in the past. He is talking about bankruptcy or an IVA. The property is and always has been in my sole name and I have always paid both the mortgage and utility bills etc from my bank account. He has signed two Deeds of Consent when I first mortgaged and then remortgaged saying he has no interest in the property. If he files for bankruptcy or goes for an IVA would this jeopardise my property? If I was to divorce him quickly and he didn''t contest it and agreed that he has no interest in the property could this be a way to secure my home?
Thanks in advance for any advice anyone can offer!

  • Abbey girl
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09 Jul 13 #400508 by Abbey girl
Reply from Abbey girl
The house is in your name only it cannot be touched in bankruptcy of your husband .i was bankrupt and held/hold a joint mortgage with my ex it hasn''t been taken as it has no equity.

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09 Jul 13 #400516 by jeanuk53
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Hi Abbey Girl, thanks for your reply - only problem is there is lots of equity in my property - at least £100,000 so that''s a big reason for me to worry although I still have about £80,000 on the mortgage.

  • Flyinghigh34
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09 Jul 13 #400518 by Flyinghigh34
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If you can get him to agree to this and get a consent court order signed and sealed great

However when the big D hits you might find he wants half the equity from the house in order to pay off debts and them go on another spending spree

Get come solicitor advice, if like me you could prove through a paper trail (eg my original mortgage loan letter and solicitors letters, land registry letters and bank statements) that you alone put down the deposit paid the mortgage etc then you might have a chance of keeping what''s rightfully yours

  • CakesandFlowers
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09 Jul 13 #400520 by CakesandFlowers
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29 years of marriage is considered a very long marriage. It is doubtful that you would ''get away'' with not giving your stbx anything. The starting point would be 50:50 split of assets although one asset can off set by another eg pensions.

He would need to be housed and after this length of marriage I personally can''t see a Judge sealing a Consent Order where your stbx would receive absolutely nothing after 29 years of marriage.

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09 Jul 13 #400521 by Abbey girl
Reply from Abbey girl
The bankruptcy part cannot affect your house as he has no legal hold over it, the debts are unsecured which means not secured on your house or any other property. Bankruptcy means all debts are dead.
With regards to the divorce I cannot comment on but I can assure you that the Official receiver cannot claim on assets not in the debtors name even through marriage.

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09 Jul 13 #400532 by CakesandFlowers
Reply from CakesandFlowers
I agree with regards to bankruptcy however as far as the divorce is concerned as I have said I very much doubt that a Judge would seal a consent order after 29 years of marriage that meant that the OP walked away with nothing.

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