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indy2005
Junior Member
458 Posts |
 Posted - 26 May 2008 : 20:50:59
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Hi,
Can I ask another question about equity of exoneration. Could the OR / Courts decide that the withdrawal of funds to pay my debts 2 years ago did benefit my wife? i.e. wouldnt the house as a whole be better off if a huge amount of debt is written off.
I have heard cases of equity of ex. claims not working because the partner started a business with the funds, and this was deemed to benefit the other partner as the business put food on the table.
Thanks
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melanie_giles
Senior Member
1191 Posts |
Posted - 26 May 2008 : 20:56:46
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Yes - that is a definate possibility if this goes as far as Court to settle.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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indy2005
Junior Member
458 Posts |
Posted - 26 May 2008 : 22:14:51
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Thanks,
I was worried you would say that. If you were a trustee would you be pursuing it thinking you had a strong case? I am thinking of offering 10K from mum as an initial offer of payment, but there is 30-35K equity in property. None of which is mine I honestly believe as I had over 50% equity 2 years ago.
Regards
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melanie_giles
Senior Member
1191 Posts |
Posted - 26 May 2008 : 22:26:42
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I would look at all the facts put in front of me and make a decision - probably by referring it to a lawyer to advice me as well. I cannot possibly tell what the outcome in your case would be, or how I would view it, as I simply do not have sufficient information. You really do need to wait until the OR contacts you and then you will have something solid to work on.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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indy2005
Junior Member
458 Posts |
Posted - 26 May 2008 : 22:30:51
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OK,
I will leave it until I get an idea. My wife would of course argue how could debts in her husbands name, being transferred into a joint debt be a benefit to her. She had no responsibility for my debts at all as they were unsecured, but on the remortgage she suddenly become a joint name on the debt. Wheres the benefit in that! |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 29 May 2008 : 10:25:14
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Hi Indy,
If you need any further clarification, please feel free to contact the helpline.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Equity of Exoneration
