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| OneLife |
Posted - 30 July 2008 : 16:22:51
This might sound odd but I wondered whether all debts have to be included in a bankruptcy. I have one debt that it turns out involves my ex-husband (because it's for school fees). This is for about £4500 but I have other bigger debts too. He has very little earnings, very proudly never been in debt but has equity in his house. He had nothing to do with this debt and I try very hard to keep things amicable with him for the sake of our daughter and anyway it would be awful if he had a charge put on his house when he is not guilty. I am paying the debt off monthly and that will be easy once the rest of my debts go with bankruptcy.
I also wanted to find out whether my bankruptcy would affect my partners situation. We live together in a rented house but he has a house with a mortgage on it in his and his ex-wifes name. She lives in it with their kids. There is a bit of equity in that house. Is there any way that the courts would get their hands on that??
Boy this is a mindfield!! |
| 4 L A T E S T R E P L I E S (Newest First) |
| OneLife |
Posted - 30 July 2008 : 21:46:19
Thank you so much for this Suzanne. It's a huge relief to get such helpful advice.
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| John |
Posted - 30 July 2008 : 21:28:51
Hi OneLife
if your husband did not sign the contract it most definately cannot be a joint and several liability.
With your signature only the debt to the school is solely yours.
If you go BR the debt is gone.
The school solicitor is posturing
Assisting where I can. |
| OneLife |
Posted - 30 July 2008 : 17:08:27
Thanks very much for that Suzanne. I don't know whether you can help me a little more with this. To give you a little background, 3 years ago my daughter was really struggling at school, dyslexic and dyspraxic. I had a small amount of equity that came to me from the sale of my house when I moved in with my partner. It was agreed with the schools that she would benefit from small class sizes and a little more individual attention even if it were only for a year, so put her in a private school(school turned out to be not so great mind). My ex was not against it but very clear that he could not afford to contribute. Fair enough I signed the contract with the school, he did not, but they insisted on having his name and address. Things turned bad for me a year later. My partners business, for whom I worked (estate agent!) turned bad, I ran up debts of my own. Whipped my daughter out once I knew I had money trouble. Tried to give them notice but not quite enough and they showed no sympathy. Served county court papers on me and my ex. I started payments to them and asked them to take him out of the equation. I spoke to the solicitor for the school recenlty who was vague but thought the debt was joint and several. She said she would check this with the school but of course, they're not around till Sept now and she was frosty as hell. I cant find anything in the contract that clarifies it unfortunately and dont know whether there is a general rule.
Thanks so much.
quote:
Originally posted by Suzanne
Hi
You have to declare all the debt. If it is joint debt he will be jointly liable and the school could chase him for it. If the only connection between him and the debt is your daughter and the debt was never joint this will be included in your bankruptcy.
Your bankruptcy will have no effect on your partner or his ex wife.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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| Suzanne |
Posted - 30 July 2008 : 16:52:48
Hi
You have to declare all the debt. If it is joint debt he will be jointly liable and the school could chase him for it. If the only connection between him and the debt is your daughter and the debt was never joint this will be included in your bankruptcy.
Your bankruptcy will have no effect on your partner or his ex wife.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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