My husban and I separated in 2005 although never divorced. Our assets were divided however, i.e I paid him a lump sum and in return I kept my home. The property was transferred into my sole name. My husband now has 3 properties of his own. In 2008 a judgement was made against him in a PI claim in the amount of around £37k plus costs. The claimants solicitor is trying to include my home by placing a judgement - however this cannot be determined if any unless we divorce. I have now file a divorce petition. One option for him is b/cruptcy - however, if he has a right to my home, then I would have a right to the equity in his 3 properties, one of which has none. If he does file b/cruptcy, if the equity is similar to the equity in my home, and I have a right to 50%, then will my home be disregarded?
In bankruptcy the further 3 properties your husband has acquired since 2005 would have nothing at all to do with you because you have had no dealings / deposit / interest in them.
Similarly if you purchased your husbands share of your home for a fair and reasonable market value then his Br would not effect your house.
Unfortunately we are not experts on divorce proceedings and I would really suggest you retain specialist divorce council to advise you of the outstanding claim against your home.
My husban and I separated in 2005
Posted - 11 May 2009 : 13:53:13
