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 postings from 2007
 Thinking about bankruptcy - need help to decide

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T O P I C    R E V I E W
jules7777 Posted - 29 June 2007 : 16:46:20
Hi, I am currently living in a home with virtually no equity and I have a car worth about £800, so no assets to loose. I live with my 2 children aged 17 and 15 both in full time education. My husband left in January to set up home with another woman and is paying £650 per month rent on a property!!

As of today he has decided he will not give me another penny, so I have applied to CSA, should get £300 to £400 per month based on his earnings. As he is not giving me any money I will not be able to pay the mortgage (£800) I have 25K of personal debt under DMP. Also have joint unsecured Northern Rock together loan with my ex. he wants to sell the house and for me to pay half towards joint loan. I cant afford this and will put my half under DMP. He is totally against this as NR will chase him for the money, hence, why he has decided not to give me any more money.

I have been informed by CCCS that bankruptcy will not affect my job (office manager with NHS no finance/accounting involved with job). So, as long as I can rent somewhere privately which is really my main concern because of children, have I really got anything to loose? Although I realise bankruptcy is not to be taken lightly.

I am confident I will be able to get back on track with my life as I cut up my credit cards as soon as hubby left, whereas he has carried on using his even though he took out a loan to cover his personal debt.

Your thoughts would be appreciated.
1   L A T E S T    R E P L I E S    (Newest First)
Debtdummy Posted - 03 July 2007 : 16:58:45
hello jules 7777, you need to contact a solicitor asap for advice regarding your divorce. There are some available for a free 30 minute consultation. Use the yellow pages and make an appointment. Also you may qualify for legal aid. Again you will need a solicitor to inform you of this and your husband's obligation to you and the children. I did find a website which explains divorce , the matrimonial home, etc. The link is:http://www.terry.co.uk/matrim.html. I am not recommending this company merely posting it for you to click and read the related topics.

Your estranged spouse simply can't move out of the matrimonial home and start paying rent elsewhere leaving you and the children without a roof over your heads.Contact a solicitor asap and tell him/her all the facts.

Would you be able to afford the mortgage if it or part of it was included in the alimony agreement? Discuss this aspect with the solicitor as well.

Also mention to the solicitor what would happen to the property if you decided to petitioning for bankruptcy. Since, you can't afford the mortgage and he can he will pay the beneficial interest and retain the property. It could be sold at a later date and you two split the proceeds. Please get legal advice on this. You and the children deserve a lot more than what you're presently receiving.

Prepare your questions before you see the solicitor. This will help you to focus your questions and use the free consultation time to your advantage.

You sound very positive to be undergoing a very stressful time in your life. I wish you and the children well.

Take care



All I have left is my sense of humour.


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