MY DAUGHTER IS SEPARATED FROM HER HUSBAND WHO IS LIVING IN RENTED ACCOMMODATION WITH HIS GIRL FRIEND. sINCE LEAVING MY DAUGHTER EARLY THIS YEAR HE HAS BEEN DECLARED BANKRUPT. mY DAUGHTER HAS A JOINT MORTGAGE ON HER HOME WITH HIM BUT HAS BEEN PAYING THE MORTGAGE SOLELY SINCE HE LEFT HER, sHE PURCHASED THE HOUSE FROM THE COUNCIL AFTER SHE HAD BEEN RENTING IN HER SOLE NAME AS THE TENANT FOR SEVERAL YEARS AND THEY BOUGHT THE HOUSE ON A JOINT MORTGAGE WHEN THEY MARRIED. ALSO SHE HAS BEEN PAYING THE MORTGAGE SINCE THEN FROM HER BANK ACCOUNT EVEN THOUGH THE MORTGAGE WAS OBTAINED JOINTLY AND HE HAS NEVER MADE A PAYMENT.HE LEFT IN MARCH AND WAS DECLARED BANKRUPT IN SEPTEMBER.SHE IS NOW STRUGGLING TO PAY THE MORTGAGE AND BILLS AND HAS PUT THE HOUSE FOR SALE.SHE HAS NOT HEARD ANYTHING FROM THE COURT ABOUT THE HOUSE AND ASSUMES SHE CAN DO THIS BUT I AM WORRIED THAT SHE MAY NOT BE ABLE TO DO THIS.SHE HAS SEEN A SOLICITOR WHO HAS GIVEN HER THE GO AHEAD TO DO IT AND THE ESTATE AGENTS SEEM TO BE HAPPY WITH THIS TOO BUT I AM WORRIED AS i THOUGHT THAT ANY INTEREST HER FORMER HUSBAND HAS IN THE HOUSE HOWEVER SMALL WOULD PREVENT HER FROM DOING THIS. SHE HAS THREE CHILDREN AND PLANS TO MOVE INTO RENTED ACCOMMODATION. CAN YOU CLARIFY THINGS FOR ME AS I AM VERY WORRIED ABOUT ALL THIS HAVING READ REPEATEDLY THAT THE BANKRUPTCY COURT WILL TAKE ANY INTEREST IN ANYTHING HELD JOINTLY HOWEVER SMALL.
Is your daughter's ex husband's name on the deeds of the house?
If he has never contributed to the house then the official receiver will have no interest in it and your daughter's solicitor has probably already checked on the land registry.
But..... I would advise your daughter to speak to his official receiver and make sure that they don't have an interest.
Since leaving my daughter's husband has been declared bankrupt
Posted - 27 November 2011 : 08:37:16
