question category: Bankruptcy

My husband + i are seperated, possible divorce. We have 70k debt. I pay my 30k own share.


He may have to go bankrupt. Will my proportion of these debts, which are in my name be written off? i am currently managing my own agreed low payments with each debt?

also, I have a property with a 'buy to let' mortgage, there is only 5-7k equity if the property had to be sold. WIll i loose this flat? Currently I am in rented accomodation, and be looking to move into and live in this property as soon as the tenants move out, and to change the mortgage to residential.

Our marital home has no equity in it, where my husband is living.

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Re: My husband + i are seperated, possible divorce. We have ...

Any debts that are in your name only you will always be responsible for paying whether your husband goes bankrupt or not. Likewise any debts that are in his name only will be his responsibility and will be written off if he chooses to go bankrupt. Any debts that are in joint names are in the eyes of the law classed as joint and several and therefore the creditor that you owe the joint debt to could pursue either party for the full amount of the debt. Your creditors will go after whoever they think they can get the money from first. Meaning that if your husband/ex husband where to go bankrupt he would write off his responsibility of the joint debt only, which would then leave the creditor with no option other than to pursue you for the full amount of the debt that is owed.

Bankruptcy

This question was answered by Debt Advice Foundation, an independent UK debt advice charity. If you're looking for an alternative to Bankruptcy, Debt Advice Foundation provides a free, confidential helpline and can advise you of all your options. Click here to find out more.

 

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