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tracy
Junior Member
United Kingdom
184 Posts |
 Posted - 12 June 2008 : 20:59:03
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| if my partner is being forced into bankruptcy by hm customs for tax and is forced to sell the property we live in and the mortgage is in his name only and we live in the house with our two 13 year olds . will they take the house and how long before they force a sale of the property or will they just put a charge on it ive also heard that they cant take the property if you have children under 16? |
Edited by - tracy on 12 June 2008 21:51:36 |
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melanie_giles
Senior Member
1191 Posts |
Posted - 12 June 2008 : 22:01:47
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It is usual for the Trustee to allow a family up to one year's grace to make alternative living arrangements before seeking possessory action against the property. The Court may postpone the possession order until the children leave full time education, but this should not be relied upon. Are you going to be claiming to have a beneficial interest in the property?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:03:55
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quote:
Originally posted by melanie_giles
It is usual for the Trustee to allow a family up to one year's grace to make alternative living arrangements before seeking possessory action against the property. The Court may postpone the possession order until the children leave full time education, but this should not be relied upon. Are you going to be claiming to have a beneficial interest in the property?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:05:27
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| Hi Melanie, i actually pay the mortgage from my wages but my name is not on the mortgage the mortage is in my partners name |
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melanie_giles
Senior Member
1191 Posts |
Posted - 12 June 2008 : 22:06:13
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Then I feel you have a very good change of claiming to have an interest in the property. How long have you lived together as a couple?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:08:10
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quote:
Originally posted by melanie_giles
Then I feel you have a very good change of claiming to have an interest in the property. How long have you lived together as a couple?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:09:10
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quote:
Originally posted by tracy
quote:
Originally posted by melanie_giles
Then I feel you have a very good change of claiming to have an interest in the property. How long have you lived together as a couple?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:10:26
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| do you mean that i should go to the mortgage lendor and have the property put into my name? |
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melanie_giles
Senior Member
1191 Posts |
Posted - 12 June 2008 : 22:11:28
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No - simply that you should ask your husband's Trustee to recognise your claim over the property. It might be sensible to take advice from an insolvency lawyer with regard to your rights.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:16:00
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quote:
Originally posted by melanie_giles
No - simply that you should ask your husband's Trustee to recognise your claim over the property. It might be sensible to take advice from an insolvency lawyer with regard to your rights.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:17:04
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quote:
Originally posted by tracy
quote:
Originally posted by melanie_giles
No - simply that you should ask your husband's Trustee to recognise your claim over the property. It might be sensible to take advice from an insolvency lawyer with regard to your rights.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:20:01
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| THE TRUSTEE being the building society? OR hm customs? or can bk be derred until my parner seeks help regarding his accounts, it is apparent that he doesn't or has never earnt that sort of amount of money to which he owes tax. he hasn't addressed this problem which has resulted in this mess |
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melanie_giles
Senior Member
1191 Posts |
Posted - 12 June 2008 : 22:23:27
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The Trustee is the person appointed by Court to deal with the realisation of your husband's estate.
If the petitioning creditor is H M Revenue & Customes, they are not known for the patience, and your husband would be wise to get an accountant involved to correspond with them and get his tax affairs up to date.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:27:28
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quote:
Originally posted by melanie_giles
The Trustee is the person appointed by Court to deal with the realisation of your husband's estate.
If the petitioning creditor is H M Revenue & Customes, they are not known for the patience, and your husband would be wise to get an accountant involved to correspond with them and get his tax affairs up to date.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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tracy
Junior Member
United Kingdom
184 Posts |
Posted - 12 June 2008 : 22:33:24
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| he did contact a company called tax debts but they advised us that hr customs did not want to accept his offer(of which we couldn't of afforded to pay anyway) so on this basis I cannot see that if we did get an accountant how they would be able to talk to customs and get them to re open his case and to look into his earnings over the said period. The accountant that was supposedly doing his work can no longer be found and I even sat outside her office for 1 week but she did not show, her mobile phone and land line were unobtainable. We cannot afford to pay another accountant any money , please can you advise is there any other action we can take |
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melanie_giles
Senior Member
1191 Posts |
Posted - 12 June 2008 : 23:21:46
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If you cannot do a deal with HMRC - then bankruptcy may be inevitable unless you can offer an IVA to creditors. Do you have any disposable income or assets which could be offered as part of a settlement?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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help
