Charge against property question.

Padstow

Hi, hoping for an answer if poss.

Divorced.
Charges then put against exe's equity, his sole debt, tenants in common.
Ex then went bankrupt.
Not enough of his equity to satisfy charges.

Question is, can I be made to pay his charges from my equity?

Sorry if it reads as me being curt, but it seemed the clearest way to explain the situation.

Update.

Seems I have the answer from elsewhere. Looks like I'll be paying his debts.
http://www.dailymail.co.uk/news/article-469681/Ex-husbands-old-debts-cost-divorcee-home.html

Mouse1812

Padstow wrote: »

Hi, hoping for an answer if poss.

Divorced.
Charges then put against exe's equity, his sole debt, tenants in common.
Ex then went bankrupt.
Not enough of his equity to satisfy charges.

Question is, can I be made to pay his charges from my equity?

Sorry if it reads as me being curt, but it seemed the clearest way to explain the situation.

Not curt at all, and no you can not be made to pay.

As tenants in common (which is the less common form of joint ownership) you own in your own right your share (which may or may not be 50%).

Mouse1812

Padstow wrote: »

Update.

Seems I have the answer from elsewhere. Looks like I'll be paying his debts.
http://www.dailymail.co.uk/news/article-469681/Ex-husbands-old-debts-cost-divorcee-home.html

Wrong, don't rely on rubbish in the Daily Mail, the only hint is in the very final paragraph - "successfully argued that his ex-wife's home should be sold in order to recoup Mr Avis's one-third share".

She is loosing her home because he still owned one third of it and they want that one third.

Padstow

Mouse1812 wrote: »

Wrong, don't rely on rubbish in the Daily Mail, the only hint is in the very final paragraph - "successfully argued that his ex-wife's home should be sold in order to recoup Mr Avis's one-third share".

She is loosing her home because he still ownd one third of it and they want that one third.

Mouse, thanks so much for responding, I feel so alone and losing what little is left to repay our daughter is unthinkable.

The pigging ex owns 50% here. Conveyancing sol says I am responsible, bankruptcy helpline says not.

If I am, no point being here.

Mouse1812

I'll side with bankruptcy helpline, conveyancing solicitors are 100% wrong.

They can not take anything which belongs to you, my wife lost nothing and was indeed able to sucessfully recover (with apologies from OR) her shares that were held in my name on trust for her.

Stand your ground, don't let them bully you and pop back here if you need more help.

ps. hopefully a couple of others will comment and confirm what I've said

Padstow

Thanks. It's very frightening. Don't care for myself, but paying back daughter is paramount.

antrobus

Mouse1812 wrote: »

Wrong, don't rely on rubbish in the Daily Mail, the only hint is in the very final paragraph - "successfully argued that his ex-wife's home should be sold in order to recoup Mr Avis's one-third share".

She is loosing her home because he still owned one third of it and they want that one third.

I think it's more the case that this particular piece of rubbish is 'capable of being misunderstood'.

As the article states;

Under the terms of their divorce, they agreed Mrs Avis could have the exclusive right to live in the matrimonial home until she moved, remarried or died. In such an event, the house would be sold and the proceeds shared, with one third going to Mr Avis and two thirds to Mrs Avis.

and

At a hearing of the High Court in May last year, the trustee in bankruptcy appointed to administer Mr Avis's estate successfully argued that his ex-wife's home should be sold in order to recoup Mr Avis's one-third share

So the headline 'Ex-husband's old debts could cost divorcee her home' is perfectly correct, in that Mrs Avis will (or presumably did, since the article is over 5 years old) 'lose her home' because it had to be sold, but she still would have kept her two-thirds share of the property.

I would presume that the OP is in a similar position in that their ex has gone bankrupt and the ex's trustee in bankruptcy may well seek an order for the sale of the property, but the OP will nevertheless retain their half (or whatever) share of the proceeds irrespective of the size of the ex's debts.

debt_doctor

I completely agree with Mouse, in the way that shares are held in property and that the debts of others can only be charged up to the debtors share in the property.

DD

unsure100

Mouse1812 wrote: »

I'll side with bankruptcy helpline, conveyancing solicitors are 100% wrong.

They can not take anything which belongs to you, my wife lost nothing and was indeed able to sucessfully recover (with apologies from OR) her shares that were held in my name on trust for her.

Stand your ground, don't let them bully you and pop back here if you need more help.

ps. hopefully a couple of others will comment and confirm what I've said

I agree with this. I have had advice from many parties and all of them tell me the same thing. If it belongs to you, they cant take it, although they can take your ex's share. Your ex being BR is not your responsibility to pay it off. My OR told me pretty much the same thing, being married/together does not make you responsible.

Padstow

Waiting to exchange, cannot go ahead until charges settled. Sol has already offered to settle my money with the exe's IP, she said he accepted. it was mentioned only by accident due to some other problem, or I'd never have known until too late.

I said of course he damn well accepted, it's his job to get as much for creditors as possible, even if it's my money! Left it in writing that she is not to pay anything unless I have further advice from elsewhere. She said she has no experience of bankruptcy. Then she shouldn't have acted on it!
I was awarded a fixed amount of equity in court, which is why I have some and ex doesn't.
She doesn't know how to remove the charges due to the bankruptcy. I have lost all confidence in her and am concerned that she's in charge of my money.

ValHaller

Step 1, demand copies of the entire file. You are entitled to copies of everything she has sent to or received from any 3rd party. But not copies of your own correspondence with her.

Step 2 , check for correspondence with the IP

Step 3 sack her.