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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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My husband is being made bankrupt do I need legal advice to

Resolved Question:

My husband is being made bankrupt do I need legal advice to protect my interests in my home etc.
Many thanks
Jean K
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Unless you have personally guaranteed your husbands debts, you cannot be held personally liable for them - your assets and share in joint assets cannot be used to repay your husbands debts. Therefore his trustee in bankruptcy can only claim the equity in his share of the home. You will still be entitled to your share. What you may want to do is have a solicitor on hand to correspond with the trustee directly so that there is no risk that the trustee does not for example try and charge you for any costs associated with the bankruptcy.

Alex J. :

http://solicitors.lawsociety.org.uk/ - when you find out who the trustee is you can contact the Law Society and they can recommend someone that you can get in contact with.

Alex J. :

Can I assist any further?

Alex J. :

Kind regards AJ

Customer: The debts are purely my husbands. The house is owned jointly but the trustees keep,asking questions regarding my money etc.
Customer: i took retirement 2 years ago and am not eligible for state pension for another two,years l get a small amount from a
Customer: pension that at l paid into at work which matured when l was 60.
Alex J. :

Hi, Thank you. They are asking you about your finances because they have a duty to investigate your husband and ensure that he has not transferred his assets to you in anticipation of bankruptcy in order to avoid his creditors.

Alex J. :

To be honest with you, if you have no grounds to worry about this you do not have to tell them about your personally affairs, that is your business.

Customer: Oh he definetely hasn't done that.. Can l request them not to ask about my affairs as my pension is only £258 a month and they seem to think this should go into the pot.
Alex J. :

Thank you. ***** suggest you do is write back and say that you are willing co operate with the trustee in order to expedite matters but "you will not allow this to become a phising exercise into your personal affairs which are not relevant or connected to your husband's estate in bankruptcy". If they continue press for personal information that is not relevant to the bankruptcy you will have no choice but involve a solicitor in the matter who carefully be scrutinizing the trustees conduct.

Customer: Ok thank you that is helpful as l have been in tears for days worrying about this. Jean K
Alex J. :

Hi, Thank you. You have nothing to worry your assets belong to you. The trustee is someone who's only job is inquire and probe in order to obtain information for creditors. You need only co operate but that does not give them carte blanche to look into matters that are not relevant. If they want to talk about joint assets that is a different story.

Alex J. :

Can I assist you any further? Any feedback is gratefully received. Kind regards AJ

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