In bankruptcy the Official Receiver looks at any beneficial interest that may have accrued in property. Beneficial interest is different to the legal title to the property which is held by you.

Considering the timescale involved your husband’s beneficial interest in the property will be minimal and therefore your house may not even be a consideration. However if your husband previously contributed in money, or money’s worth, to the cost of any improvements to your house, this could give them a beneficial interest. This would have to be substantial and identifiable e.g. a garage or extension to the house. Your husband’s interest in your house might then be the financial value of that improvement.

You can read more about beneficial interest here - http://www.hmrc.gov.uk/manuals/Inmanual/html/In0050/03_0035_IN126.htm

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.

As the house is in your name then you will not be affected by your husband going bankrupt.

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