Just one thing...

If you are currently paying the whole mortgage yourself, are you not able to remortgage his 83k share to buy out his interest?

brightonbelle wrote: »

Yep credit score is affected as he has had arrears with the mortgage which is in both of our names, and he isn't trying to rebuild it is still late paying bills and behind on payments I have no idea how he can be in such a mess. Appointment with lawyer arranged to try and sort something out..onwards I go, what a failure

Well, if the mortgage is in arrears, the house is gone anyway, they (As your mortgage provider will be one of the creditors in the bankruptcy) just have waited for equity to build before forcing sale.


The problem is that you're putting questions now, that should have been answered in 2015, when the BR was commenced. of course that's not your fault if you were kept in the dark.


Have you actually agreed maintenance payments? An IPA will not have taken it in account in 2015 if the BR was considered as a married person rather than a single person with maintenance requirements. As the IPA will be up by next year, he will be free to pay you whatever maintenance is agreed anyway. However any changes like maintenance payments will mean a variation to the IPA. Again to you though it doesn't matter as once the IPA is finished, he no longer has to pay a penny to pre BR debt. The equity in the house is of course separate and once realised, his share will go to the OR to pay the creditors.


* This is assuming he even has an IPA to pay. Does he? If not, does he even have money to pay maintenance? If he's still behind on the bills, this implies there's not exactly the money to pay you?


However, the point of bankruptcy is that you're unable to pay your debts off in full, so any shortfall of pre BR debts is wiped out. Anything after BR is another matter but again, don't worry about him, get your legal advice and go from there.


Good luck.

brightonbelle wrote: »

I wasn't told any of it, nothing. Why could his compbabt not gone into
Liquidation allbeit he was a sole trader when all the debts were accrued he was still trading under the same name?

Nothing was explained to me, it was an abusive and controlling relationship which has lead me to loosing everything, it's hard, but i will get through it I'm sure. Just angry he will be debt free next year and the children will have had their world torn apart. How can it be right. Oh well, the law is a strange thing!

The business debtline can explain better than me, but if he was a sole trader, then there's little that can stop a sole trader from continuing their trade post bankruptcy.


After all, if you remove someone's livelihood, then the chances of recovering any money for creditors goes from low, to none. If the business was not asset rich, it is likely that they couldn't really do anything anyway.


The problem is, legally speaking, your partners bankruptcy is his business, aside from anything with joint responsibility like the house. Alas, he doesn't need to tell you of any IPA/IPO/BRU/BRO, nor tell you when they're discharged (Although you can look that up!) etc.


It's why getting independent legal advice is crucial, to unravel just what situation you're being left in. Once you know exactly where you stand, you can deal with it. However unfair it may sound though, I'd stop asking the whys/wherefores of the BC process. You're only going to upset yourself asking why he is "getting away with it" so to speak. While bankruptcy isn't the spectre it is seen to be, he's going to be a persona non grata at any lender for 6 years, and if he carries on not paying his bills, may end up back in front of an IP for another insolvency before too long.

How do you know he won't be paying an income payment order for 3 years

How will you end up bailing him out. If you are purchasing his interest in the home from the trustee - that is you buying equity in the property, not bailing him out.