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Baliffs-he doesn't live here anymore but...

Hi.

I know that my soon to be XH has a few finance problems and wonder if someone could answer something for me.


We still have a joint mortgage and wonder if he doesn't sort out his finances and a bailiff comes knocking at my door would they have the right to take anything?

I have been living with my children for nearly a year without him and these debt are since he left.

Thanks for looking.
January Grocery 11/374

Comments

  • What are his debts? Are any mortgage related or secured to anything like a car etc?
  • boxer691
    boxer691 Posts: 184 Forumite
    You should be fine if you have legally separated, the problem is if he has used the house as gaurantee against the finance, then you could be in big trouble. Speak to your solicitor ASAP
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    boxer691 wrote: »
    You should be fine if you have legally separated, the problem is if he has used the house as gaurantee against the finance, then you could be in big trouble. Speak to your solicitor ASAP

    Depends on the terms of ownership...

    What is your divorce status OP? Separated or divorced?

    To answer the more immediate problem then no - if a debt is solely in his name then bailiffs can't come into your house even if he's a co-owner. Infact they can't even then... unless you let them in. And even then they can only take HIS property, not yours or the kids.
    I would recommend that if any do come calling you give them his new details and tell them to sling their hook.
    Get the divorce through ASAP and get him off the mortgage and deeds and get yourself disassociated from him
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • jamespir
    jamespir Posts: 21,456 Forumite
    the only thing the baliffs may ask for is proof that the stuff you have in your house wasnt brought by him because i know next door neighbour to us had same problem
    Replies to posts are always welcome, If I have made a mistake in the post, I am human, tell me nicely and it will be corrected. If your reply cannot be nice, has an underlying issue, or you believe that you are God, please post in another forum. Thank you
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If they do send bailiffs, the key is to never let them gain peaceful entry.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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