Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. This in correct, your wife's property cannot be used to settle your debts. Paying bills does not give you an interest in the property unless you agreed between you that you would be given and interest in the property at some point. The law for this is called the statute of frauds - a person cannot be liable for another persons debts unless agreed in writing, so unless your wife either gifted you party of the house or took personal liability for the debts, it is her house. I presume the house is registered in her name solely?
Hi, Thank you. I am an English qualified solicitor. My advice is applicable to English law. Kind regards AJ
Hi, Thank you. Paying rent does not give you a personal interest in the house. If they wanted to claim the house, they would have to take your wife to court and she would have strong defence on the basis that she has never taken responsibility for the debts. Was paying rent to your with prohibited under the terms of the IVA? Kind regards AJ
Hi, Thank you. Again in bankruptcy they would have to challenge your wife's ownership in court. Are the rent payments excessive at all?
Hi thank you . Who has actually said you have an interest in the house? The Iva administrator? Kind regards AJ
Hi thank you. The burden of proof is on them to prove this and they would have to bring the claim against your wife. I would just make sure you put in writing that you deny any interest in the property. Kind regards AJ