I am selfemployed actress and currently not earning. my husband who owns our house, has been paying my debts but his company is now going bankruppt. He will not personally go bankrupt though. I have about 60k of debt. Is the house safe as it is not in my name?
If the house is in your husbands name, it was his deposit and he pays the mortgage etc then traditionally your situation would not impact the property.
However this is starting to be a little grey as the official receivers are starting to explore the possibility of recoupling assets from married partners estates.
They are exploring the scenario that 1. Although you are not on the mortgage or land registry have you comntributed to the marriage / mortgage / household etc. Therefore they might be able to present a claim. 2. The OR is also making assumptions that if you were to divorce you would be entitled to a proportion of the equity in a settlement.
You need to tread carefully and seek detailed and specific advice about your situation.
Paul Johns Assisted Bankruptcy Specialists Reviva UK www.revivauk.com
If the house is in your husbands name, it was his deposit and he pays the mortgage etc then traditionally your situation would not impact the property.
However this is starting to be a little grey as the official receivers are starting to explore the possibility of recoupling assets from married partners estates.
They are exploring the scenario that 1. Although you are not on the mortgage or land registry have you comntributed to the marriage / mortgage / household etc. Therefore they might be able to present a claim. 2. The OR is also making assumptions that if you were to divorce you would be entitled to a proportion of the equity in a settlement.
You need to tread carefully and seek detailed and specific advice about your situation.
Paul Johns Assisted Bankruptcy Specialists Reviva UK www.revivauk.com
Hi Paul - thanks. The house is not in my name and I didn't put down any deposit etc. Now the question is do i risk going ahead though - I can't see any other way out of my debts. I've been paying them for about 5 years and they aren't really going down much. I have earnt money but only a small amount (can be seen from my tax returns) so I don't think contributing to the house etc will be an issue?
I would recommend that because of the sensitive issues regarding the property that you need to have a longer conversation with an expert than the message system on the forum allows.
Either speak to a couple of IP's on the iva.co.uk forum or obviously there are bankruptcy specialists also.
If there is equity in the house would your husband release some( 25,000 ish) to clear your debts?
just a thought but another idea without going fully into Br.
Paul Johns Assisted Bankruptcy Specialists Reviva UK www.revivauk.com
Is the house safe as it is not in my name?
Posted - 10 March 2008 : 21:43:14
