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 My husband is leaving me, I have a 6 year old son
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jdm87
Starting Member



1 Posts

Posted - 01 December 2008 :  07:00:00  Show Profile  Visit jdm87's Homepage  Reply with Quote
My husband is leaving me, I have a 6 year old son and he has said that he is considering going bankrupt in January if the courts say that he is not entitled to any equity in the property, it is currently in joint names.
1. If the court decides that the house is mine in whole will the official receiver still be able to make a claim on any equity after the courts decision?
2. What could happen if the case had not got to court?
3. My husband is moving into a house with someone else and will I am certain begin taking assets from our joint marital home prior to declaring bankruptcy will the official reciever look at his new home as well?
4. My husband wants to remarry asap, if he was to declare bankruptcy after he has remarried and the ex marital house if in my name with legal agreement in place, which property would the official receiver look to to equity?
5. My husband has said he will pay £1000 maintenance into my account. Could the official receiver affect how much he pays me? what would the situation be after the courts decision for maintenance?

RHB
Senior Member

1159 Posts

Posted - 01 December 2008 :  07:55:53  Show Profile  Reply with Quote
TBH, I would try & get your financial settlement sorted asap. I think debts need to be put in the pot with assets regardless of whose they are, & then anything over gets divided up.
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369
Junior Member

366 Posts

Posted - 02 December 2008 :  12:39:42  Show Profile  Reply with Quote
I would ring the helpline and ask one of the experts, as it seems like you have a few questions which they could answer for you.

Good Luck
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 02 December 2008 :  14:21:51  Show Profile  Reply with Quote
Hi JDM87

I really think that to be able to get all your questions answered and get some sort of plan and clear your head that a call to our helpline may be in order. Its free and if they cant spek straight away then leave a name and a number and someone will get back to you. That number is 0800 078 9367.

Best of luck :-)

Jo
x


For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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pix1
Average Member

689 Posts

Posted - 02 December 2008 :  14:39:10  Show Profile  Reply with Quote
I agree that you should call the helpline about this. One danger I have immediately noticed is that your EX retains a joint ownership of the property. This means that if this does not resolve into a single ownership by yourself prior to his BR, if he goes BR, you would be at risk of losing the whole house at some future date. I hope this works out ok for you and good luck.
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