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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband left be woman 5 years ago and moved

Customer Question

Hi, my husband left be for another woman 5 years ago and moved away from the area. I continued paying the mortgage myself and he has not contributed in this time. He has recently left the country and has creditors after him but for debts like credit cards etc which are all in his name only. His name is ***** ***** the mortgage and bank account but he does not have access to this. I think he is about to declare himself bankrupt so i understand the OR will want his share of the equity in the house. I could not afford to pay this equity, will i be kicked out the house and left with nowhere to live? Or will i be given time to put the house on the market and then give his share of the equity?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will 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?
Are you willing to start divorce proceedings
Customer: replied 2 years ago.
Hi Clare, the house is worth roughly 300,000 and the mortgage is 240,000. I would be willing to start divorce if that was what I needed to do. Or could I do a seperation agreement, as I don't look to re-marry
Customer: replied 2 years ago.
Need a quick reply
Expert:  Clare replied 2 years ago.
My apologies for the delay
It would be sensible to start divorce proceedings sooner rather than later as within those proceedings you can make an applictaion for a financial settlement in the hope that the court will award you more than 50% of the equity before your ex is declared bankrupt
If this fails and your ex is declared bankrupt you will get the chance to negotiate with his Trustee in Bankruptcy and reach an agreed figure to be paid if you wish to keep the house.
This figure should reflect the fact that the Trustee does not want the hassle of eviction proceedings and arguments over money
In any event you will have at least a year after the Bankruptcy Order is made to make plans as no application can be made before that date
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
If I file divorce and he leaves the house to me before he goes bankrupt will they still chase for the money?
Expert:  Clare replied 2 years ago.
If he goes bankrupt after transferring the house to you then the Trustee in Bankruptcy can reverse the Transfer UNLESS there is a Family Court Order stating that you received the house in full and final settlement of all your claims on your ex
Customer: replied 2 years ago.
Ok thank you, ***** ***** a family court order?
Expert:  Clare replied 2 years ago.
An order made by the divorce ocurt