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Sarah B
| 14-05-2009 11:57 PM |
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Joined: 14 May 2009 Posts: 3 | I have recently separated from my husband. He is now intending to file for bankruptcy and although he has moved in with a household of bachelors has said that he will be claiming that he has no address. I am seriously worried about what impact this bankruptcy may have on me and my young son. I live in the family home - which I owned before I married him 5 years ago - the deeds and the mortgage are in my name. He has given very little financial support over the last few years but last year he made 2 mortgage payments from his account - (while I paid for some flights for him for his job at around the same time) We do not have any joint accounts and I have paid all utility bills (bar about 4) and mortgage bills apart from the 2 mentioned above over the entire time that we have been together. Five years ago he made a payment with a credit card of about £7000 for my business - but subsequent to that I have given him far more money including over £10 000 3 years ago to retrain in a new career. I have debts myself - and I run a small business - but I am just managing to keep my head above water and support myself and my son. Is my husband's action going to affect me and if so, how? I have had a long long time of struggling with his financial habits and drinking problem which has put me into a very precarious position. If he remains out of my life financially then with a lot of hard work I can now make things work for my son and me. He won't discuss any of this with me. I am scared he might lose me my house or that I might get drawn into his bankruptcy. I badly need advice. |
| helpmenow | 16-05-2009 07:29 PM |
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Joined: 15 May 2007 Posts: 49 My Profile | Hi Just to let you know that George is away for the weekend, he'll answer your question on Monday, I think! My tuppence worth - your ex's bankruptcy will not affect you, at all, even if you were still married his bankruptcy wouldn't have an affect on you. HMN |
| DW George | 18-05-2009 02:22 PM |
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Joined: 01 May 2007 Posts: 401 My Profile | Hi Sarah, I am not really sure about the legal side about what your ex is or is not entitled to through divorce proceedings but in respect of his debt, I am. His debts are his and they'll not have any impact on you and your house. I don't think the £7k will be of interest to his Official Receiver (although he may ask for some evidence) as it was some time ago and he was repaying a debt which he owed you. I know this is easy for me to say but try not to worry too much about his financial affairs - their his problems which won't affect you and you don't have any control over them in any case. Just concentrate on keeping your head above water and rebuilding your life. Good luck for the future and don't hesitate to post back if you need any more help. George |
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Daniel Griffiths
| 19-05-2009 11:11 AM |
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Joined: 19 May 2009 Posts: 1 | Hello Sarah B We are a specialist bankruptcy organisation and from what you have written the OR will have no claim on your home and in any event it is he/she who will have to prove your husband has beneficial interest in the property which you owned prior to your involvement withb this man regards Daniel Griffiths |
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Sarah B
| 23-05-2009 09:36 PM |
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Joined: 14 May 2009 Posts: 3 | Thanks very much for your answers. I am feeling reassured. One further issue though...he has not yet got his bankruptcy organised, and he is still using my address for his mail. He just collects his post if he comes to see our son. Letters are arriving including some which are clearly from court. He has not given his new address to any of his debtors - so at the moment, any bailiffs etc. turning up for him will presumably come to my home. He will not deal with this himself so is there anything I can do to get my address taken out of this. He hasn't given me his new address but I know roughly where it is and I could get it. Presumably, also, my home will get listed in the bankruptcy as the debts are currently registered to here. Will this affect my credit rating - I run a business and I quite often need to have credit checks? I now know from your advice that I will not be involved in his bankrupcy or debts- but because of this ongoing post situation I am still feeling in the middle of it all. |
| DW George | 24-05-2009 11:22 AM |
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Joined: 01 May 2007 Posts: 401 My Profile | You need to send back any letters with not known at this address. |
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cat
| 23-07-2009 07:49 AM |
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Joined: 23 Jul 2009 Posts: 1 | I have the same problem as the above but my house is in joint names can my husband still file for bankrupcy and can i still keep the house have been making the repayments for the last 5 years. thanks Cat |
| DW George | 29-07-2009 03:41 PM |
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Joined: 01 May 2007 Posts: 401 My Profile | hi Cat It doesn't really matter who makes the repayments on the mortgage. What really matters is whose name the title deeds are in. Since your house is in both names any equity on the house will be split both ways. Therefore if your husband had to go bankrupt then the Official Receiver would be looking to realise 50% of the equity. You could buy out your husband's beneficial interest in the house which would appease the OR. George |
