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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have a property, my ex moved out 2007 and have had no contact.

Customer Question

I have a property, my ex moved out 2007 and have had no contact. We are both on the deeds. A few months after moving in we took out a loan to consolidate debts. Not long after she left she became bankrupt due to credit card issues. I have had to pay the joint loan and mortgage myself with no contribution from my ex. I live at the property. When she filed for bankruptcy I was contacted by a receiver. What I would like to know is: Now her 6 years or so bankruptcy is over, can I have any redress for any financial issues still going on regarding the mortgage and still outstanding debs (it was a joint loan after all). Regards.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What has happened with the Trustee in bankruptcy and the house?
Clare
Customer: replied 1 year ago.

Hi Claire,

The house was purchased in 2006 for £107,000. Current value circa £125,000 - £130,000. Interest only mortgage. There is still £97,000 on the mortgage.

I had put in £10,000 deposit. For a time the house was in negative equity.

I have recently had to rent out the house to a family friend as I now work away in a different county. I still pay for the mortgage and receive a contribution from my lodger.

I was listed as a creditor by The Insolvency Service (trustee). A letter came that it was seen that as my ex had no assets (Report to creditors), I would not get anything. Any other debt she was involved in was also now gone. The debt listed our joint debt too. I still have two years left to pay off the debt with the joint loan we both signed for.

Expert:  Clare replied 1 year ago.
Hi
Was the Trustee in Bankruptcy aware that she had an interest in your property?
Clare
Customer: replied 1 year ago.

Apologies for the delay.

Yes, they sort of took possession of her interest in the property. Can they do this? offer me to buy the their interest but I did not take them up on this. Perhaps I should have. I am still paying off the joint debt though. Can I sttill pursue my ex for any payment or is this now null and void?

Regards,

Lee.

Expert:  Clare replied 1 year ago.
Hi
What did they offer to sell it to you for?
Clare
Customer: replied 1 year ago.

No, a sum of money that seems really tempting now. I was offered her share for £250 which I should have taken up. I have looked at past emails and have a contact number for the bankruptcy agency, so I might see if the offer is still there. I read that I can get a document to take her off the title deeds. Where can I find this please.

Lee.

Expert:  Clare replied 1 year ago.
Hi
At the time of the offer was the property essentially in negative equity - or close to it?
Clare

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