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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70694
Experience:  Over 5 years in practice
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my husband has got himself into debt without my knowledge how

Resolved Question:

my husband has got himself into debt without my knowledge how can i save my house as i have worked really hard to make my home
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the level of his debt?
To whom?
Customer: replied 3 years ago.

it's between six people the debt is 200,000.00 needs to be paid the 5th October

Expert:  Jo C. replied 3 years ago.
Individuals ?
Do they have a CCJ against him?
Customer: replied 3 years ago.

what is ccj?

Expert:  Jo C. replied 3 years ago.
county court judgment?
Customer: replied 3 years ago.

i don't think so

Expert:  Jo C. replied 3 years ago.
Are these all individuals or loan companies?
Customer: replied 3 years ago.

individuals. What happened is that there was a religious issues where these six people took action and filed a case against the temple, the out come was that my husband and his colleagues lost the case and they have been fined by the court. Four of his colleagues have business and other properties, so where does my husband stand in this matter because all we have is our home

Expert:  Jo C. replied 3 years ago.
Well, it depends.
If they have a CCJ against him already then they could seek a charging order against your home. Judges do generally grant charging orders.
To get you out of the house they will need an order for sale and they are much harder to get. That will really only happen if he makes no effort to pay at all for many months. Even then your share of it would be protected but obviously they would have to sell to give you the proceeds which is not what you want.
If the temple is liable though then, unless your husband has personally guaranteed the debt, he is not liable.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

i don't understand the last paragraph. all i know is that the judgement has been passed. My house is just in my husband's name, could i transfer the house into my name, as matrimonial home rights? i am feeling very confused

Expert:  Jo C. replied 3 years ago.
No. If you do that they will apply to set it aside and they will win.
You need to check who judgment is against. If its not against him personally then he is not liable.
Customer: replied 3 years ago.

so that's means i can't put the property into my name. the judgement has been passed my husband and the other five colleagues. when the case was filed his colleagues agreed with him verbally that he will not have to pay anything, and the will finically pay for everything.

Expert:  Jo C. replied 3 years ago.
No. If you do that they will apply to set it aside and they will win.
Whatever was agreed matters not. The issue is who the CCJ is against. It should be easy enough to check that on trustonline but there is a small fee.
Customer: replied 3 years ago.

Do i have a matrimonial home rights?

Expert:  Jo C. replied 3 years ago.
Yes, but only up to 50%.
It won't stop them enforcing against the house. It will just protect your share.
Customer: replied 3 years ago.

so should i go to a solicitor and ask for matrimonial home advice to protect my 50%

Expert:  Jo C. replied 3 years ago.
No, you don't need to. You are not the liable person.
I am happy to continue with this but please leave feedback for my answer.
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