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Struggling with debt?

Find out if you are eligible to write off unaffordable debt.

1 Answer

TAD Member

4 months ago

Good Morning

I am sorry for the circumstances you have found yourself in.

It is possible, that because your husband passed away prior to transferring the asset to you, that his share of the house will still vest in his trustee in bankruptcy, to be used to pay his debts.

You don’t say what part of the UK you are in, which is important as Scots Law is different.

However, in Scotland even where a court has made an order in a divorce settlement redistributing assets, this can be reduced on the application of the trustee in bankruptcy, if it meant assets that could have been used to pay debts have been given to a former spouse.

This is a complex area, as it will involve winding up his estate, which will be the responsibility of his Executor. It will also need to be decided whether his estate is insolvent.

I would recommend speaking to a solicitor, as even if bankruptcy can be avoided, a solicitor will be required to transfer his share of his house to you.

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