My Story

My ex husband left 5.5 years ago.. he had an affair and left leaving 2 children 2 & 4.

He made things very difficult by not seeing the children or even accepting the divorce paperwork..after nearly 2 years of trying my divorce came through.

Great i thort but he would never sort the finances out and now he has 38k of debt and is going bankrupt, the house is in joint name and so now after him not paying a penny since he left he wants the house to pay the debt he has with his new partner...to make things worse he has only seen the children for 6 hours this year.

My first court date is coming up and i would really appreciate some support for me and my boys

Hi and welcome to wikivorce kir1

There are lots of people here who will be able to identify with you. I can appreciate your need for support - we have all either been there - or in many cases - are still there!

Take care

Shezi

Hi

Sorry to hear your story. My ex went bankrupt during our divorce.

As your house is in joint names then his Trustee during bankruptcy will be entitled to take half of the house to pay towards his debts. BUT you will be given the chance to buy your ex out before this happens. Is there much equity in your house?

DO NOT let your ex's Trustee bully you into anything when the time comes, it's your house too and you DO have a say in if and when it gets sold. Your ex will not be allowed to take ALL of the house to settle his debts, so please don't worry about that.

Where is your ex living now? Does he own the house that he is living in with his gf? And is the debt he has now in joint names with the gf??

Which court case is coming up? Are you sorting out finances in court now ahead of him going bankrupt?

Best wishes, I know what you're going through x

Hiya, Thanks for the advice....

My ex rents with his gf now so there wont be anything to gain from that.. I am gona stay strong with it all but it will be hard especially considering i am unable to get a mortgage so will either end up in rented or housing association.

My youngest is Autistic so its more difficult to work full time !!!

I am trying to sort out the finances before he goes bankrupt but know that his trustee will look at it all agin but at least if its done in court it may have more clout.

Thanks for the support x

Push it through and try your best - the Trustee will look into the court outcome and they do have the power to overturn recent court decisions but this only really happens in really big cases where there is a lot of money at stake from what I can gather.

Is his debt in joint names with his gf or is it all in his name?

Feel free to PM with any Qs about bankruptcy - I've lived and breathed it for a year through my ex so know exactly what you're going through.

Good luck x

The debt is all in his name from what i can gather, cant believe he has done it to the children.

Thanks for the offer of asking questions, no doubt over time i will have some more

Thanks x

What can you not believe he has done to the children?

Get into debt?

For your situation, I feel for you. Especially if the family home is ordered to be sold, if there is plenty of equity in the house then there may be a chance that the receivers will force the sale of the house. If his half covers his debts and that is the only asset available to the receivers then they could gain a court order giving them the right to 'power of sale' The fact that yoyou are no longer living together would suggest that they may well think that the house would be sold, they would not take the chance of leaving him the equity in the house then him selling the house and off loading his cash somewhere.

I don't suppose for a moment that when he fell into all of this debt, that it was pre meditated with the children being a direct target!



klr1 wrote:

The debt is all in his name from what i can gather, cant believe he has done it to the children.

Thanks for the offer of asking questions, no doubt over time i will have some more

Thanks x