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Will I lose my house

10 years ago - Posted by

My mortgage is in my name only but if my husband is made bankrupt can I lose my home?

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5 Answers

TAD Member

10 years ago

great day thanks

TAD Member

10 years ago

i am a MD for a ltd company which will be soon made bankrupt owing money to rates and rent….will i lose my house ?

TAD Member

10 years ago

I have mounting debts due to a bad business of over £25.000 she has been sole owner of the house for 8 years now when I signed it over to her about 2004. I own a car worth £1500 but need it for work as I am at collage doing a course to get a job in railway maintenance. She has her own car in her own name. Will we keep the house and cars?

TAD Member

10 years ago

Andy is right and this is a very complicated area of Insolvency Law. Here’s another resource that may help – Bankruptcy – whay you need to know

An obvious question. Have you considered an IVA where you will have to release equity but not lose your home? Or Debt Management?

TAD Member

10 years ago

It depends.

Unfortunately this is a very complicated area of insolvency law. Your husbands trustee in bankruptcy will investigate the circumstances around the ownership of your house and try if possible to establish an interest in it.

The things he will look at include:-

  1. Has the house always been in your sole name or was it transferred to you at a time when your husband was insolvent
  2. Has you husband contribute to the mortgage payments or to the deposit.

If so he will try to establish an equitable interest in the house Most trustees in bankruptcy will want to negotiate an amicable settlement rather than fight in the courts.

The usual outcome is that you make an agreed payment to the trustee in full and final settlement. In the past it was normal for this to be funded by a further advance on your mortgage but in the current circumstances this may be difficult.

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