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tracyluv1905
Starting Member
7 Posts |
Posted - 20 January 2009 : 11:12:52
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i am thinking of going bankrupt,i'm married, my husband owns the house and i am not on the deeds so does this mean i 'm a home owner or not,he pays the mortage we have been married 5 years .Can they take the house ?. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 20 January 2009 : 13:16:45
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Hi Tracyluv1905 and welcome to the forum.
Peoperty in BR is viewed similarly as in a divorce. Even if the deeds and mortgage is in your husband's sole name, the OR/Trustee will argue that you have a matrimonial interest. Who has been paying the mortgage and bills?
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk Don't forget the helpline on 0800 078 9367 |
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tracyluv1905
Starting Member
7 Posts |
Posted - 20 January 2009 : 15:04:43
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Hi Thanks for replying
My husband pays for the mortgage £68 a month, i pay the bills the reason i got into debt was he fell out of the loft and broke his back so the debts mounted and i had to go to work to support my husband and our 2 children.
How do they work out my materimonal interest in the house ?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 20 January 2009 : 15:52:08
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Hi Tracyluv1905,
The OR will look at who's been paying what and over what period of time. It is highly unlikely they'll view you as having a 50% interest, but there will be some interest in the property. You will need to support this with bank statements showing who has been paying what. Is there any equity in the property?
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk Don't forget the helpline on 0800 078 9367 |
Edited by - JulianDonnelly on 20 January 2009 18:46:36 |
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RHB
Senior Member
1159 Posts |
Posted - 20 January 2009 : 18:43:10
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If the mortgage is only 68 pounds a month I imagine there must be a fair bit of equity? Were you living together before marriage? |
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tracyluv1905
Starting Member
7 Posts |
Posted - 20 January 2009 : 19:26:35
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[font=Comic Sans MS]Yes we were living together before we got married but i did not work as he supported us, until he fell out of the loft in 2004 then i had to go to work in 2005 to support the family ,i've only been working for 3 years. My husband was previouly married and had lived here with his Ex for 22 years. Yes there would be alot of equity in the house but how much i'm intiled to i don,t know proberly not a lot. He gives me the mortgage money out of his disability allowance which isn't alot.
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