should we go bankrupt.

joshua_mummie

my partner is going through a nasty divorce and he cant afford a solictor as he is working, his divorce is now going on 3 yrs now and he has to give up a family business due to her and she gets 2.000 a month and she has to pay the family home out off that, she works and she a partner but denies he is living there. court had put an order on his account so he cant take any money out which is very un fair as it was his business acout and she paid nothing into it, they both have 2 children and the house has been on the market but she wants all off the house plus other money and will do anything to make sure she gets it, my partner is now in a new job but its basic wage and he lives with me and i pay everything. he cant afford a solcitor which he needs and he owes thousands to his solictor and they will act on his behalf now untill we start paying a solictor. his friends have adviced him to be bankrupt so he can start all over and that his ex wife wont get the house as its him thats paying the house and the house is in joint names.

it just feels like that she is living the lifestyle while we are struggling.

what is the best advice.

debt_doctor

Hi,

Matrimonial law takes preference over insolvency law, so anything prior to BR will stand providing the family court had all relevant information at the time.
Yet it seems that the house is yet to be ruled upon by the family court so if he went BR then it would be a 50 50 split but that could cause issues depending upon how much it would cost to buy the ORs interest in the property - 50% of the equity.
If no one could raise such funds and the equity was more than £10k then the property may well be sold (after a year - home rights) and risk the roof over childrens head.
Messy I'm afraid, but we have a few unknowns here, not least the value of the property.

DD