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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 ex husband moved out of the marital home 3 years ago we

Customer Question

My ex husband moved out of the marital home 3 years ago we are on an iva which I have paid for from day one and he has not contributed to the mortgage since he left now he getting nasty and threats to go bankrupt will I be forced to sell house none of the debt is in joint names only the mortgage he also has 2 ccj on 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. Are the CCJs subject to charging orders against the property? Is the property in joint names?

Customer: replied 1 year ago.
The property in joint names ccj in my ex name
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Are the CCJs subject to charging orders against the property? Do you have children under the age of 18 living in the property?

Customer: replied 1 year ago.
they are changing orders on property and no children are involved
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If your husband goes bankrupt then any party with a charging order over the property could an order for sale over his share of the property. As long as you servicing the mortgage every month the mortgage company is unlikely to take any action. How much are the debts secured by the charging orders - would you be able to convince the bank to add them on to your mortgage? Potentially if your husband goes bankrupt you could negotiate with his trustee in bankruptcy to buy him out of his share.

Customer: replied 1 year ago.
The charging orders are worth about 8000 he has also received some inheritance of 21000 and not told iva can they find it without me telling them he says he's keeping it for himself and not paying any debt
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If he is made bankrupt his trustee will seize this money. Would you be interested in purchasing the house from him entirely? In bankruptcy he potentially would not be able to stop this happening.

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Customer: replied 1 year ago.
Thank you for your replies but now I'm confused of what to do if I tell iva about inheritance money he's threatening to go bankrupt and I don't think I'm in a position to be able to buy him out of the mortgage so I could lose my home I'm managing now to pay everything but because I'm on iva I can't increase my mortgage I feel like I'm cornered
Expert:  Alex J. replied 1 year ago.

Hi thank you. Are you a party to the IVA? Are you responsible for the debts in the IVA? Kind regards AJ