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| paul.ni |
Posted - 10 March 2010 : 12:21:46
I ran a shop and I have been made bankrupt, my ex wife covered holidays/ time off for me so i had her on the bank account so she could sign cheques. but one of my creditors is still chasing my ex wife for payment of their account because she signed one of the cheques while i was away the acc balance is £26k but the chq she sighned (that bounced) was £6k. does that make her liable for the debt even though she is nothing do do with the business nor named on the creditors account? Also my current wife is solvent and she owns the home where i live with her ex partner. she owned it before we met and we agreed going into the marriage that the business would remain mine and the home hers and her ex's, she pays the mortgage and it is still in her maiden name with her ex does the OR have any right to it? |
| 4 L A T E S T R E P L I E S (Newest First) |
| Bridgewood |
Posted - 10 March 2010 : 15:43:50
I think as far as the bounced cheque is concerned your ex wife needs to get independent advice from a lawyer or CAB adviser
As far as the property is concerend - if your wife can prove the money going into the joint account was only hers, and you haven't contributed to any increase in value or equity, it would be difficult for the OR to argue that you had acquired an interest in the property. |
| paul.ni |
Posted - 10 March 2010 : 15:30:57
oh she has owned her house 8 yrs i have lived here 5 yrs and for most of that the mortgage was paid out of a joint acc but the money paid in was hers only and we can prove that for the last year she paid it out of her own acc with her own money again so we were not sure whether the OR will see a BI in the property. if he did it would be worth £10k at most so would it be worth them chasing that?
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| paul.ni |
Posted - 10 March 2010 : 15:27:06
hi thanks, would that be the entire debt or just the bounced cheque because her name is not on the creditors account and she wasn't involved in the buying or running of the account at all. i will argue it out in a court for her any way, but i just wanted an idea of how it might turn out because i will have to pay it off
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| Bridgewood |
Posted - 10 March 2010 : 14:57:16
Hi Paul.ni
If the bank account was in joint names I think your ex wife could be liable. If she was "only" a signatory on your account it is less clear, but more of a legal issue than an insolvency one - it may be useful to contact your local CAB.
As far as your current wife's property is concerned it would depend on, amongst other things, how long you have lived there and whether you have contributed anything towards the mortgage, home improvements etc. If your wife can demonstrate her earnings were sufficient to pay the mortgage on her own, and the repayments came out of her bank account, it is less likely that the bankruptcy estate would have any claim on it.
Hope this helps
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