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Estranged husband declaring bankruptcy
kit
Posts: 1,678 Forumite
I have been separated from my husband for 2 years. I have been trying to divorce him for about 20 months but he wouldnt agree on financial issues (we have no children together, just needed to split the house etc).
After making 2 agreements and then him changing his mind, we had one last try at mediation before court. This time we agreed a figure for him to pay me in exchange for the house being signed over to him.
Anyway to cut a long story short, I have been contacted by my solicitors secretary (my solicitor is on holiday)..... he is declaring himself bankrupt in 1 weeks time.
I am being asked to sign the house over to him tomorrow in exchange for the money that we agreed; however we have yet to have a consent agreement drawn up so we have nothing legal signed saying that he agrees to pay me. His solicitor says that they will provide an 'undertaking' saying that he will pay me. Basically I have till next Friday to get this all through otherwise he goes bankrupt and I lose everything.
Other than the mortgage, we have 1 joint debt which he is in the process of taking my name off so hopefully that will be sorted before the bankrupcy.
My questions are:
:mad:
After making 2 agreements and then him changing his mind, we had one last try at mediation before court. This time we agreed a figure for him to pay me in exchange for the house being signed over to him.
Anyway to cut a long story short, I have been contacted by my solicitors secretary (my solicitor is on holiday)..... he is declaring himself bankrupt in 1 weeks time.
I am being asked to sign the house over to him tomorrow in exchange for the money that we agreed; however we have yet to have a consent agreement drawn up so we have nothing legal signed saying that he agrees to pay me. His solicitor says that they will provide an 'undertaking' saying that he will pay me. Basically I have till next Friday to get this all through otherwise he goes bankrupt and I lose everything.
Other than the mortgage, we have 1 joint debt which he is in the process of taking my name off so hopefully that will be sorted before the bankrupcy.
My questions are:
- Should I sign the house over without the consent agreement?
- Will him going bankrupt effect my credit rating?? (I have already suffered as he has missed some mortgage payments and run up a large dept in joint names)
:mad:
2012 wins approx £11,000 including 5k to spend on a holiday :j
0
Comments
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Hey Kit,
Post the above post on the debt free wannabe board. They will have much more knowledge and will be able to help.
Good Luck.0 -
Kit, if your estranged husband declares bankrupt after giving you this money, it could be seen as him trying to dispose of assets. Be careful. You need to see your solicitor before you do this. Seriously, do anything to get legal advice before signing the papers.In a rut? Can't get out? Don't know why?
It's time to make that change.
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No matter how worthless you are.0 -
This is some sort of ill-thought out threat isn't it?
Let me buy you out without me actually coming up with the money or I'll just go bankrupt and we'll both lose the house.
Have I got this correct?
Surely your solicitors are not so stupid as to transfer ownership until the money is actually there.0 -
I really dont know what to do - my solicitors office are saying I have to sign over the house or risk losing everything and I have to do it today.
What if it goes wrong - do my solicitors have to take responsibilty of my losing my money upon their advice??? I have worked with my actual solicitor for 2 years now so trust her but she still on holiday
2012 wins approx £11,000 including 5k to spend on a holiday :j0 -
Perhaps you could suggest that upon telegraphic transfer of the money he owes you, sent from his account/his solicitor's account to your solicitor's account, you will sign the papers immediately in your solicitor's office, and that you will sit with your solicitor and wait for it all to happen, and they will confirm it to his solicitor.
Personally if he's let you down twice before I can't help but think he's trying to pull a bit of a fast one!
Take legal advice, anyone saying you haven't got time can't possibly have your interests at heart.
Good luck!GC Oct £387.69/£400, GC Nov £312.58/£400, GC Dec £111.87/£4000
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