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 Do I need to worry about my home again ?
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Julia.dn
Starting Member



8 Posts

Posted - 23 July 2012 :  16:01:40  Show Profile  Visit Julia.dn's Homepage  Reply with Quote
I set up home with my ex partner in 1995.We bought our home with a joint mortgage. 2 years later he became bankrupt due to non payment of income tax.he did not and still does not send in tax returns.I boughthis equity back from his trustee for £10,000 by means of a loan. he has never contributed and i paid all the bills including £140,000 in mortgage payments. We are in our late 50's.I retired as a nurse due to ill health 4 years ago and used the lump sum of my pension to pay off the mortgage. Prior to this he agreed to sign the house over to me in return for me taking and still paying the £10,00 loan. this was in 2009. We split up but I allowed him to stay in the property until last year as his business was losing money again. he is staying rent free with his family. I have now been told that history is repeating itself-inland revenue debts and unpaid bills. He works hard but makes no profit, just buries his head in the sand.For years i begged him to close the business but to no avail. My concern now is he is considering banktrupcy again so do I need to worry about my home again as the transaction with the house was less than 5 years ago ? many thanks

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 23 July 2012 :  16:32:22  Show Profile  Reply with Quote
Hi and welcome to the forum.

I'm not too sure about this one - I'd suggest speaking to one of our experts for some free advice.

I hope you get this sorted, it would be awful if you lost the house.

Ascend may you find no resistance
Know that you made such a difference
All you leave behind will live to the end
The cycle of suffering goes on
But memories of you stay strong
Someday I too will fly and find you again

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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 23 July 2012 :  17:16:18  Show Profile  Reply with Quote
Hi Julia,

As you bought back the beneficial interest and your ex has not contributed at all to the property since then, I can't see that he has an interest in the property.

As Niobe has said, please speak to an expert and chat all of this through.




Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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year 2029
Average Member

590 Posts

Posted - 23 July 2012 :  19:12:15  Show Profile  Reply with Quote
I agree, it would appear you own the full interest.

Can you prove you have paid all the mortgage payments, loan etc

--------------
Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought.
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Julia.dn
Starting Member



8 Posts

Posted - 23 July 2012 :  19:36:34  Show Profile  Visit Julia.dn's Homepage  Reply with Quote

quote:
Originally posted by Viki.W

Hi Julia,

As you bought back the beneficial interest and your ex has not contributed at all to the property since then, I can't see that he has an interest in the property.

As Niobe has said, please speak to an expert and chat all of this through.




Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp



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Julia.dn
Starting Member



8 Posts

Posted - 23 July 2012 :  20:04:20  Show Profile  Visit Julia.dn's Homepage  Reply with Quote
[Thanks for your opinions. One further question if you do not mind. I have been informed that he has not paid rates and has been visited by baliffs. If they seize goods which is inevitable would i get a visit from them as well? I ask this as when he left we shared joint possessions amicably. As he is lodging with relatives many of these items are still here waiting for a new home. Would the law allow them to enter my home and if so is it up to me to prove what is mine etc In my eyes I really own all of it as I paid for everything anyway. There are a few valuable items he owned before we met that are still here but as he left them behind I was thinking of selling them eventually for myself! When the official receiver assesses his assets etc would they do the same? Thanks quote]Originally posted by Viki.W

Hi Julia,

As you bought back the beneficial interest and your ex has not contributed at all to the property since then, I can't see that he has an interest in the property.

As Niobe has said, please speak to an expert and chat all of this through.




Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
[/quote]

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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 23 July 2012 :  20:09:33  Show Profile  Reply with Quote
Hi Julia,

As far as I am aware, there would be no reason for the bailiffs to visit your property if he lives elsewhere. If it's just usual household items, then the OR wouldn't be interested and wouldn't visit your home either.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 23 July 2012 :  20:26:34  Show Profile  Reply with Quote
Agree with Viki - there is no way that bailiffs would need to visit your current home. It's his property that would be seized.

I take it there is nothing of yours in the house?

Ascend may you find no resistance
Know that you made such a difference
All you leave behind will live to the end
The cycle of suffering goes on
But memories of you stay strong
Someday I too will fly and find you again

Go to Top of Page

year 2029
Average Member

590 Posts

Posted - 24 July 2012 :  06:08:27  Show Profile  Reply with Quote
Hi Julia,

A couple of things,

"There are a few valuable items he owned before we met that are still here", its not impossible for the OR to be interested in these items if they are valuable and your ex declares them.
Is there a reason why they weren't dealt with in his previous bankruptcy?

Are you able to show that all bills/mortgage etc was paid by you?

--------------
Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought.
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