HOME  FORUM  MEDIA  EVENTS  ARTICLES  TV  BLOGS
•Home
Bankruptcy:
•Bankruptcy Information Center
•What is Bankruptcy?
•Is Bankruptcy right for me?

•How to declare Bankruptcy?
•What happens to my assets?
•Bankruptcy and credit rating

Forum:
•forum
•register
•search
•faq
•experts

Blogs:
•Bankruptcy News
•More...

Media Room:
•Press releases
•Media Coverage

Other:
•About BankruptcyHelp
•Links
•Contact us
•Debt Glossary
•Insolvency jobs


FORUM
  > Browse and post on our forum
Home   |   Profile   |   Register   |   Active Topics   |   Members   |   Search   |   FAQ

Welcome to our Forum, please register if you want to post
Ask a debt question
See the last 250 posts
Watch video on how to use forum
Username:
Password:

Save Password
Forgot your Password?

 All Forums
 archive
 bankruptcy postbag for july
 Repossesion on Joint Mortgage
 New Topic  Reply to Topic
 Printer Friendly
Author Previous Topic Topic Next Topic  

darren_b
Junior Member



213 Posts

Posted - 28 July 2008 :  13:18:04  Show Profile  Reply with Quote
Hi,

Another query.

If my wife and I have a secured loan and mortgage, and we move, and the house gets repossesed, and I go BR, what happens with respect to my wife - there will be a shortfall to what is owed from the sale of the property - if Im BR, then my part gets wiped off, but what about my wifes commitment?

Thanks

Delboy
Junior Member



United Kingdom
189 Posts

Posted - 28 July 2008 :  18:03:26  Show Profile  Reply with Quote
Hi darren_b,

Well I am no expert, but if your mortgage and secured loans are in both names, they will chase your wife for the whole of the debts if she doesn't go BK as well.

Thats the position as I understand it, but I could be wrong.

All the Best



Regards

Delboy
Go to Top of Page

John
New Member



United Kingdom
73 Posts

Posted - 28 July 2008 :  19:05:49  Show Profile  Reply with Quote
Hi Darren
I'm afraid Delboy is spot on.
The joint mortgage and joint secured loan are "joint and several liability" and therefore the full amount is owed by your wife if you go BR on your own.

Assisting where I can.
Go to Top of Page

Delboy
Junior Member



United Kingdom
189 Posts

Posted - 28 July 2008 :  19:27:38  Show Profile  Reply with Quote
Hi Darren,

It's Delboy again, I don't know if this will give you a glimmer of hope, but I went BR in June this year, and my wife and I have a joint mortgage and secured loan, which in total gives us negative equity of about 20k, we are in the fortunate position of just about being able to afford the repayments on both as I will not be paying the other debts which are all in my name and will be written off during the course of the BR, I will probably have to transfer my Beneficial Interest to my wife at some point soon, but this will enable us to keep the house. Could it be possible for you to do the same?



Regards

Delboy
Go to Top of Page

darren_b
Junior Member



213 Posts

Posted - 28 July 2008 :  20:40:36  Show Profile  Reply with Quote
HI Delboy,

The strange thing is, we are actually wanting to lose the house - so the repossesion is not the problem. I just wondered if half the debt owed would be chased (knew it probably wouldnt be!). We have both come to terms with the fact we are both going BR, this was just a stab in the dark!
Go to Top of Page

Delboy
Junior Member



United Kingdom
189 Posts

Posted - 28 July 2008 :  21:01:52  Show Profile  Reply with Quote
Hi Darren,

OK mate, I know everyone's circumstances are different, it was a shot in the dark, I really do hope that things work out for you both, take care.


Regards

Delboy
Go to Top of Page
  Previous Topic Topic Next Topic  

 New Topic  Reply to Topic
 Printer Friendly
Jump To:
bankruptcyhelp.org.uk Forum © bankruptcyhelp Go To Top Of Page
Powered By: Snitz Forums 2000 Version 3.4.06