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helenh
Starting Member
6 Posts |
 Posted - 21 October 2008 : 01:13:32
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Hi,
I,m seperated from my husband but still on the electoral role at my husbands property and he,s informed me he,s going bancrupt and that he needs me to sign a disclaimer to the property or business assets or the reciever won,t be able to liquidate the business. Does any one know if this information correct, that the reciever needs my signature or it will delay closure? Thanks |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 21 October 2008 : 07:24:36
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Hi Helenh and welcome
From what i can read into this obviously there is a buiness involved, i therefore will need to find out a bit more info.
Can you bare with me and i will look into this and get back to you.
Take Care
Jo x
Please visit my blog for info on how I got here and other information to guide you through from my experience called:
"Needafriends Links and added info on Bankruptcy!" available to view at:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 21 October 2008 : 09:33:09
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Hi
This doesn't make much sense to me unless you are listed as co director or co owner of the business and property. If it is a solely owned property, the fact that you are on the electoral role plays no part in the ability of the liquidator or trustee to sell. I would try to find out a little bit more about this as I don't see how this effects you.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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RHB
Senior Member
1159 Posts |
Posted - 21 October 2008 : 10:14:29
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| Don;t sign anything as you are entitled to half of any equity anyway if that property was lived in with your husband. I would see a solicitor asap to try & get the finances sorted as it sounds to me as though your ex may be trying to pull a fast one! |
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helenh
Starting Member
6 Posts |
Posted - 21 October 2008 : 12:32:27
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Thanks all,
A bit more on the sittuation. My other half has a buisness ltd and house which was used againt loans business loans but its now going into liquidation and bancruptcy.
We,ve been seperated for two years since I left but we remain married and my name is still on the electoral role as a resident it seems as his son is. He also signed the forms its something to do with forclosure for lenders repossing and eveiction is need be, I gather.
I have no hold on the business qsstes or house as these were in beeld long before I was although I did live in the house on and off for 4 years of our marriage but havn,t been there for 2 years.
My own assets are abroad in my country of origin as I,m not British and my husband hasn,t involved me or mentioned these in reguard to his bancrupcy sittuation as has no one else but these would not be known about apart from by my husband and his family lawyer.
If his assets are half mine does this mean in theory half mine could be his or does this only apply when we divorce? Our marriage was short and involved no children, his things were his long before we met and I have my own assets.
Perhaps my husband just thought I needed to sign what ever due to being on the electoral role as a resident in order for the reciever to liquidate as I havn,t had the forms that were mentioned? There was a ton of paperwork so may be he was confused and the signature is not needed for the administrators on liquidation then?
If any on has any further advice or can offer clarity on this scenario of assets etc, I,d be very gratefull as it sounds may be more complicated or as if it could involve me perhaps although I live at the other end of the country? Thanks.
Ying
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RHB
Senior Member
1159 Posts |
Posted - 22 October 2008 : 11:53:32
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| In a short marriage with no children it is the norm to split any assets or increased equity in a propperty 50/50. However, in theory if you won the lottery now your ex could come after his share or vice versa if you don't sort out the money. |
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helenh
Starting Member
6 Posts |
Posted - 22 October 2008 : 19:41:07
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Thanks,
I havn,t heard any more about forms needing sighning before the reciever can liquidate because I,m still on the electoral role as a resident so I think he made a mistake. How ever I,v just found out, as a non EU, non commenwealth citizen so having no right to vote, I should never have been put on the electoral role to begin with. So no idea why the council allowed me to put my name on the register unless that changed since 2002 or is different in Wales?
My husband told me he would be bancrupt but doesn,t that mean the debt is then absolved? I,m just wondering as he also said that when the business is wound up it takes months for clarification about the sittutions and can take yeasr to complete depending on the administrators? Isn,t that last decribing liquidation and not bancrupsy?
I don,t want to be involved so am not going near!
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does the reciever need my signature?
