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Buachaill, Barrister
Category: Law
Satisfied Customers: 10956
Experience:  Barrister 17 years experience
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I am 60 own my house but still paying the mortgage till I am

Customer Question

I am 60 own my house but still paying the mortgage till I am 66, all bills (water, gas electricity etc) are in my name. I then met my partner who eventually moved in we have 2 children, aged 24 & 20 but i did not add his name to the mortgage or add his name for payment of all bills. WE do not have a joint bank account. He is a gambler, borrowed money off several people, lost his job and was taken to court and ordered to pay £400.00 per month. Un-known to me he has not kept up the repayments of the fine and a final demand has arrived in his name and one or more steps will be taken. What I am worried about is as the property is in my name can the bailiff take any property from my house that belongs to my son who has worked hard and paid for all his own property since he was 16 (i.e. computer, tv, other electronics jewellry, clothes)? My daughter is in UNI but has a laptop and TV which I purchased and these are at home at the moment before she goes back to UNI in September. Thanks for your advice.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you need to realise that a bailiff or any court order may only affect the assets of your partner. It cannot affect any assets belonging to you, your son or your daughter. Accordingly, a bailiff can not seize any of the goods belonging to your son or daughter. Nor can the bailiff seize your goods. However, in order to avoid any difficulties should the bailiff arrive, it would be helpful if you had to hand any receipts for things you have bought. In that way should a bailiff show up, it will be clear what goods are yours and which belong to your partner. Additionally, any court order made in relation to your partner, cannot affect the house as he has no interest in it. Nor can it affect any other assets belonging to you or to the children. Finally, your partner should consider bankruptcy if he cannot pay his debts and he has no assets to discharge his debts.

Buachaill :

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