Ask an Property Solicitor. Get an Answer ASAP.
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What income do you each have - and what pensions
Is she actually going bankrupt?
How much does she owe?
How much do you owe under the IVA?
I am afraid that your ex can apply to the court for an order for the sale of the house and there is no doubt that this will be granted.
It will have to be sold for the going rate - and unless she uses her share of the proceeds of sale to pay her debts it will be of no assistance to her in her Bankruptcy.
I am sorry - I know that this is not good news, please ask if you need further details
Can I just check - are you paying child maintenance as well as half of the mortgage?
May ask then why you are also paying the mortgage?
Given that they were living there and you were not no you did not have to pay the mortgage as well as child maintenance.
The IVA will become aware of the sale when it is Registered at the Land Registry - although you will find that one of the requirements is that you notify them beforehand.
The average application takes between three and nine months.
The reason her case is strong is that all property owned by more than one person is held on a "trust for sale" that can be called in at any time and a sale forced.
Since you are not living there with your child then you have no grounds to prevent it I am afraid
You are welcome - I am sorry that the news wasnt better
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