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Liza.13
Starting Member
1 Posts |
 Posted - 01 September 2016 : 16:23:35
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| Ok, I'm being hounded by hmrc for an overpayment of tax credits, not my fault, bad advice from them and social services, tried to fight it and got nowhere. I have debts from years ago that I pay monthly but there is no end. I've thought about bankruptcy but the sticking point is that the house is in my partners name, always has been his house, I've paid nothing into it apart from the odd gas and water rates bill. We are coming to the end of 18 years of caring for out eldest who is severely disabled and the agreement was that once she went in to residential care we would split up and I would leave, with our youngest who's 11. He has all of the mortgage debt and loans debt that he pays and like I say I've never paid towards the mortgage or deposit. I was told something about beneficial interest. Now I would deadly go through bankruptcy tomorrow after years of dreaming of being debt free but beneficial interest is the sticking point. My parents also bought a 12,000 huyyyorse can that is in my name but I can show that I didn't pay for it, I pay for the tax and that's it. The car is my daughters motability one , I earn £200 a month, get carers of £260 and then my daughters benefit money which will cease when she goes into care at 16. My debt is around £35,000 I think. Is beneficial interest going to get me!! |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 01 September 2016 : 16:56:20
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Hi and welcome,
Sorry to hear of your problems.
If the house is his then I think you would be safe but hopefully Lisa will be along to advise further.
Motability car will be safe as it is not your car.
I would suggest that you take some advice from either CAB or speak to an IP company such as Vincent Bond to see if they can help.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Lisa Thomas
forum expert
United Kingdom
35 Posts |
Posted - 02 September 2016 : 11:52:57
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Hi you are the third person this week to raise these theme of question with me!
A Trustee is not going to attack the property on the argument you/they have a beneficial interest in it unless they can prove you have made substantial capital sums towards it or improvements etc or have vastly overpaid the mortgage. On top of that you are not married so even harder to try and prove an intention to create some form of trust.
Two different lawyers have given me this same advice this week.
Best of luck with the Bankruptcy.
Contact me on 01752 786800 or Lisa@nevilleco.co.uk |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 September 2016 : 12:32:47
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Hopefully you will be able to afford to rent a property if you do split up but I'd advise you do it before you declare bankruptcy.
Just as a point - if your daughter goes into care, you will lose the car won't you?
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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After years of dreaming of being debt free I would go bankrupt but for beneficial interest
