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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3694
Experience:  Solicitors 2 years plus PQE
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I have a civil claim against me, I have no assets, my husband

Resolved Question:

I have a civil claim against me, I have no assets, my husband owns our home can the court make a charge against the property
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Your husbands assets cannot be enforced against to pay your debts unless (i) he has personally guaranteed your debts/liabilities or (ii) you have deliberately transferred the property to him to avoid paying your creditors. If your husband is sole legal owner of the property then they cannot enforce your liability against it. If you had a beneficial interest in the property they would have to make you bankrupt in order to enforce against the house. Was the property acquired before you were married?
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Customer: replied 1 year ago.
My husband owned a flat before we were married and used funds from the sale to cash buy the bungalow after we married
Expert:  Alex J. replied 1 year ago.
Hi., Thank you. I suspect then your creditors may struggle to prove you have any interest in the property - does your husband also pay the Mortgage? Kind regards AJ
Customer: replied 1 year ago.
No mortgage he paid cash. The property was unmortageable. He pays for everything utilities council tax etc.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. It is unlikely they will be able to prove you have any interest in the property that is capable of being charged in respect of your debts. If your husband can prove he paid for everything as well it will make it easier to defend the justification that you have no interest in the property. Kind regards AJ