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 bankruptcy postbag for august
 if i go bankrupt will my husband be liable

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T O P I C    R E V I E W
west c Posted - 15 August 2008 : 00:21:18
I got married last year and have had debt built up from before i got married, if i go bankrupt will my husband be liable. He owns the house and has about £350k equity in the house. Can anybody come onto him if i go bankrupt.
1   L A T E S T    R E P L I E S    (Newest First)
John Posted - 15 August 2008 : 02:15:47
Hi west c
if all of your debts are unsecured (personal loans and credit cards etc)and in your name only, your husband cannot be pursued for the debt in the event of your bankruptcy.

However, even though the property is in your husband's sole name and dependent on how long you and he have lived there, it could be argued that you have a proprietary interest in the property if you have made contributions to the household expenditure for any length of time.
If this were proven then the OR could claim part of the equity in the property under Marshalling of Assets.

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