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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10453
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own my house and am mortgage free if I signed my house over

Resolved Question:

I own my house and am mortgage free if I signed my house over into my wife's ownership would she be liable for my debts
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As there is no Mortgage on your property, your Wife would not be taking on any of your debts if the property were transferred to her.

However, please note that if a party is made bankrupt, then the Trustee in Bankruptcy can "make a claim" on any assets which have been gifted away within 5 years of the Bankruptcy. ie if you were to gift the property and then become bankrupt within 5 years, the Trustee could make a claim to show that you had deliberately transferred the property to avoid paying creditors and the Court could order that the property be transferred to the Trustee.

I hope your financial circumstances are not in such a position, but I thought I had better let you know this.

If there is no threat of Bankruptcy, none of your creditors could make a claim against your wife, as the debt is with you and not her, even if the property is transferred to her.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

thank you very much

Expert:  Aston Lawyer replied 2 years ago.

Thanks Alan.

If I have helped, I would be grateful if you could rate my answer.

Best wishes

Al

Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al

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