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ElleB
Starting Member
25 Posts |
 Posted - 23 January 2009 : 14:22:44
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My partner and I have been together for 6 years but he isn’t divorced from his wife. Neither of them has been bothered to do it basically.
My partner is still on the deeds for the house his wife and children live in although he hasn’t financially contributed to the mortgage payments in the 6 years since he we have been together.
We are about to declare ourselves bankrupt following a business that failed 18 months ago and the subsequent repossession of our (my partner and I) property. The property was sold for a huge shortfall, something we are currently discussing with the mortgage ombudsman, which has resulted in the necessity for us to go bankrupt.
Will my partners wife have to sell her home, despite my partner not having anything to do with it financially for the last 6 years?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 23 January 2009 : 14:45:57
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Hi ElleB and welcome to the forum.
Your partner's wife is going to have a problem. The OR will deem that he still has a martimonial interest in the property, although it is likely to be a small percentage if it can be proven that he hasn't financially contributed in 6 years. The safest option would be to get the divorce done prior to going BR as the OR no longer has the power to unwind divorce settlements.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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ElleB
Starting Member
25 Posts |
Posted - 23 January 2009 : 15:29:24
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Partner is in the process of getting divorced and my partner is signing the house over to his wife as part of the divorce settlement. She has been paying the mortgage, maintenance and all bills relating to the property alone for the last 6 years with no financial input from my partner. We presumed that as the house would be signed over relatively soon to becoming bankrupt the OR would still ‘go after’ my partners previous equity in the property. Is this not so?
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 23 January 2009 : 16:11:00
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Hi Elle
I would say that you need to call and speak to someone in the know so that said you can try the helpline if not give one of the other experts listed at the side of the page a call/contact, there is Paul at Reviva who may be able to help you also.
Best of luck
Jo
x
25 Weeks down
 Yippeee!
27 to go
 Im getting there!
I am always here for you, via posting, email or if you want a one to one chat that can be arranged. I cant give legal advice as i am not trained but i can give you general info and also the personal touch from my experience only.
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 23 January 2009 : 17:06:46
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Hi ElleB,
If this is the case, then I would recommend waiting until the divorce is finalised before going down the BR route. This will ensure your partner's ex is fully protected.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 23 January 2009 : 20:04:53
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Hi Elle
Let us know if we can help anymore and also what happens re the above posts.
Take care and have a great weekend.
LOL
Jo
x
25 Weeks down
Yippeee!
27 to go
Im getting there!
I am always here for you, via posting, email or if you want a one to one chat that can be arranged. I cant give legal advice as i am not trained but i can give you general info and also the personal touch from my experience only.
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Partners share in ex marital home
