Need Advice As Major Debt Problem

bigdec

kar wrote:

I thought you said he was married and getting separated. If so and he has been paying all the household bills for the past 20 years he does have assests in the house whoevers name is on the deeds. The divorce courts should rule that he has been supporting his wife in the house by paying the bills and therefore has a share of the property that was their home even if she was paying the whole mortgage as they will argue that if she had paid half the bills then he would have been paying half the mortgage.

He is married approx 5 years to his wife but in the whole time they have been married he has paid the bills phone,water,gas and the mortgage etc. But she has never allowed his name to be on the deeds of the house . All of the debts have been in his name but she has gained all the spoils big holidays etc . Also because of whats going on he wants to get divorced from her as she appears to be the fuse that pushes him over the edge.

bigdec

john_kent wrote:

He needs to see a solicitior with regards the house , he maystill have a claim against her.

Continued debt even through an IVA may not be good for him. Bankruptcy , followed by a year of proper advise and help from doctors will see him making a fresh start.

No debt , no divorce worries , he will have two big worries out of his life. Unavailabel to get credit and he will not fall back into debt.

I would lokk at bankruptcy if he is too ill to work.

He did have a IVA but he has no income now as he has lost his job due to a incident that happened whilst he was ill . And i have seen his bank statement and his overdraft is maxed out at 7000. If push comes to shove then bankrupcy may be his only option

sparkle84

bigdec wrote:

He did have a IVA but he has no income now as he has lost his job due to a incident that happened whilst he was ill . And i have seen his bank statement and his overdraft is maxed out at 7000. If push comes to shove then bankrupcy may be his only option

How does he have an 7,000 overdraft if he is in an IVA?

bigdec

sparkle84 wrote:

How does he have an 7,000 overdraft if he is in an IVA?

Prior to him having his breakdown he has been working for a number of years and he kept asking for a bigger overdraft from the bank which they kept giving him which was in the end got to 7000 .

freebird65

bigdec wrote:

He is married approx 5 years to his wife but in the whole time they have been married he has paid the bills phone,water,gas and the mortgage etc. But she has never allowed his name to be on the deeds of the house ...............

He is legally entitled to a share of the house whether or not his name is on the deeds, even more so if he's been paying the mortgage as well! If all the bills are IN HIS NAME then its easy to prove he has been supporting her. If all the bills are in her name it will be harder, but he could look at his records to show money going from his account to hers every month to pay bills.

Hope you can get this sorted so he can move on and work on his recovery!

bigdec

freebird65 wrote:

He is legally entitled to a share of the house whether or not his name is on the deeds, even more so if he's been paying the mortgage as well! If all the bills are IN HIS NAME then its easy to prove he has been supporting her. If all the bills are in her name it will be harder, but he could look at his records to show money going from his account to hers every month to pay bills.

Hope you can get this sorted so he can move on and work on his recovery!

The problems is that he does not want anything from her he wants to be ablr to walk away from her.

Floss

Are his former employers aware that he was suffering a breakdown at the time of the incident for which he was dismissed? This may have some bearing on the decision if he was incapacitated at the time.

And its all very well wanting to walk away from his wife, but without the resolution of the finacial settlement, he will be paying for that marriage for a long time. He is legally entitled to his share & it may well help clear some or most of the debts.

Hope things look brighter for him soon.

bigdec

Floss wrote:

Are his former employers aware that he was suffering a breakdown at the time of the incident for which he was dismissed? This may have some bearing on the decision if he was incapacitated at the time.

And its all very well wanting to walk away from his wife, but without the resolution of the finacial settlement, he will be paying for that marriage for a long time. He is legally entitled to his share & it may well help clear some or most of the debts.

Hope things look brighter for him soon.

His former boss is aware of his situation but he has had problems at work due to his breakdown (this has gone on for a long period of time ) He was dissmised for gross misconduct but the incident that caused it was directly related to his breakdown.

Floss

bigdec wrote:

His former boss is aware of his situation but he has had problems at work due to his breakdown (this has gone on for a long period of time ) He was dissmised for gross misconduct but the incident that caused it was directly related to his breakdown.

Is he in a Union? or have you checked out with CAB whether this is lawful or discriminatory in anyway? If he has been suffering from his condition for over 12 months, he may be classed as disabled.... might be worth checking out

bigdec

Floss wrote:

Is he in a Union? or have you checked out with CAB whether this is lawful or discriminatory in anyway? If he has been suffering from his condition for over 12 months, he may be classed as disabled.... might be worth checking out

He is not in a union and we are looking into all possible options and checking to see if there is any kind of benifit that he can get due to the breakdown.

:A