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carol.65
Starting Member
1 Posts |
 Posted - 05 November 2010 : 19:46:48
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| i own my house and my husband is being made bankrupt. the house is and has always been in my name, he just lives there. can they take my house |
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debtinfo
forum expert
2826 Posts |
Posted - 05 November 2010 : 19:57:10
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| How long have you lived together, has he earned money during this time, has he paid towards the deposit, the mortgage, the household bills or any improveents or repirs to the house, Finally is their any equity in the property |
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fanghangbo
Starting Member
2 Posts |
Posted - 06 November 2010 : 08:23:54
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Spam.Message deleted.
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 07 November 2010 : 12:34:16
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Hi Carol,
in bankruptcy, the OR when they do their initial actions, just check on Land Registry to see who is the owner, if your husband is not shown on the document as a joint owner, then normally they take no further action. However, I would expect any examiner to conduct an historical search, to eliminate the possibility that your husband had previously been a joint owner.
If however there is equity in the property, then a creditor could take the view as say for example in divorce proceedings, that a partner/husband/wife etc would have built up beneficial interest in the property, despite not being shown as a joint owner, and decide to be asked to be appointed trustee of your husbands bankruptcy estate, to realise that interest.
So some of the points mentioned by debtinfo would be relevant, but any decision as to whether a creditor would do this, would ultimately depend upon whether there is equity in the property and how much.
Big Al |
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Husband being made bankrupt, is my house safe?
