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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience:  Solicitors 2 years plus PQE
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Before I was married I had a debt about 50 k I live with my

Resolved Question:

Hi
Before I was married I had a debt about 50 k
I live with my new wife in her house I do not pay the mortgage but do contribute to the bills
I am. Trying to set up a debt agreement or iva but am being told that the creditors have some hold on the property even though it is not mine and the house is willed to my wife's children not me is this true
Thanks
Submitted: 3 months ago.
Category: Law
Expert:  Alex J. replied 3 months ago.

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?

Customer: replied 3 months ago.
mortgage in her name alone
I have just noticed American words and advertisements with American papers is the advice in American law or uk law I live in uk
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. I am an English qualified solicitor. My advice is applicable to English law. Kind regards AJ

Customer: replied 3 months ago.
Thanks
So to recap
I have lived with my wife in her house for 5 years paid into the house has always been marked on standing order as rent on statements got married two years ago kept payments same and under rent heading,my debt agreement company who I had been paying for ten years went bump taking my money with them and now I am trying to set up a new agreement but would prefer an IVA as I am 56 and want it paying Asap I am being told by the companies that set these up that my debtors could come after an unknown quantity of money as I have a personal interest in the house as I have been paying rent
You are saying this they can't do is this correct
And why are they telling me they can.THanks sorry about all the questions but the next step would be divorce to stop them doing this so worried
Thanks again
Expert:  Alex J. replied 3 months ago.

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

Customer: replied 3 months ago.
Hi
IVA is seen as insolvency and the next step down from a debt plan
So creditors might see this as a road to bankruptcy and go after the house as payment?
Regards
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. Again in bankruptcy they would have to challenge your wife's ownership in court. Are the rent payments excessive at all?

Customer: replied 3 months ago.
163;460 per 4 weeks
Expert:  Alex J. replied 3 months ago.

Hi thank you . Who has actually said you have an interest in the house? The Iva administrator? Kind regards AJ

Customer: replied 3 months ago.
Hi
Yes
Expert:  Alex J. replied 3 months ago.

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

Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
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