so can we declare BR like 3 years apart?

Bella_Smythe

following on from my previous post when I was advised the OR would definately come after my ex-house that I transferred to my ex 2 years ago, got another question/possible solution?
I am in a DMP at the moment, so I can manage. If I leave it until the transfer was five years ago will this mean the OR will not come after it?
However if my husband was to declare BR this year,and we were to allow our house to be repossessed, would there be any problem with this? I know once the Leeds repossess and sell this house they would come after me for the shortfall but I think this may take some time and I could probably live with that for the remainder of the three years till I could go BR:eek:
I'm sorry if this sounds terribly matter of fact and casual. Trust me I have done all my crying about it, and now just want to sort things out as best I can. We definately don't want to stay in this house.
My ex husband (and, sadly, my 30 year old son) are not reasonable people and if the OR came after the other house, which they regard as theirs, they would be very angry. They both have a hstory of violence and have served time in prison for violent offences in the past. I would be very frightened to upset them over the house.
please help me and please don't judge me
Bellz

ontrack

Really I think you should go and see an Insolvency practitioner and get a course of action decided in writing from them. I am in Scotland and the system is different from England but here the IP makes the plan for the Bankruptcy (sequestration) and it is stamped by the Office of The Accountant in bankruptcy
I dont see anything wrong with safeguarding your position and health but maybe there is someone who can act as an intermediary for you between yourself and your Ex
Best of luck

Bella_Smythe

where do I find an insolvency practitioner? will Stepchange have one and will they be able to tell me what to do?
its a nice thought, but no mediation between me and ex is going to help - we went through every possible route when i left him and he was stalking me, threatening me, destroying and setting fire to my property etc. it is actually more important to me to stay safe than sort my debt out, but it would be nice to do both :beer:

Bella_Smythe

please? any of the stepchange people or fermi or any learned one?

dancingfairy

Hi. I haven't seen your other thread but here are some thoughts:
If your husband goes bankrupt then any joint debts will fall to you to pay, so I can see why you would want to hold off for another 3 years. Having said that I don't know how far back the OR can go /or is likely to go.
I'm just wondering if you are still financially linked to your ex? Any joint debts? If so then this could make like a bit trickier. You should look and see whether you need to file a notice of disassociate on your credit file or not.
You might want to consider looking into situations where your details are not made public. I believe you just have to ask the judge when you go bankrupt. When you go bankrupt your name normally appears on a publically searchable record online. Normally this isn't a problem but in your case you should look into making sure this doesn't happen (you might need to consider the same for your husband).
If your husband wants/needs to go bankrupt, then in some ways the easiest course of action is to default on the mortgage and debts and save up to go into rented. Once you have moved and settled then you can get the house repossessed. It is a little more difficult the other way around since it will be harder for you to rent once bankrupt. However yo u do it you must make sure that once you have gone bankrupt if you do not intend to stay in the house that you do not sign anything to do with the house. This is because sometimes mortgage companies will get you to sign forms which mean you become responsible for any shortfall. If you sign this form after you are bankrupt it becomes a new debt (And would probably mean you'd have to go bankrupt again which would be expensive and stressful and make it more complicated than it needs to be).
In your position I'd consider talking to one of the charities that helps abused women as you are concerned about the possible repurcussions of going bankrupt and the effect it might have on your ex. As long as you don't have any joint debts with you ex I can't see your husband going bankrupt is going to be a problem. The worst bit is you having to pay any debts that were joint with your husband and having to wait 3 years. I'm not an expert by any means but you *should* be o.k.
There could be a bit of a rocky patch ahead but hopefully things will start to settle down for you as it sounds like you have had a hard time.
regards
df

Bella_Smythe

Thanks Dancing Fairy
no joint debts with my ex thankfully, its just this stupid house that was in my name until two years ago.. I have been advised that until five years after the 'gifting' the OR can overturn this and order it to be sold . I am planing to contact stepchange next week
Bella

Bella_Smythe

bumping.
AlistairQ noticed youre online, can you advise me in any way? or DebtDoctor or fermi? I really hope I can get some hard facts on this one. worried.com
Bella

Bella_Smythe

please will one of the advisor type people advise me what to do re old house/need for bankrupty/ potentially violent reaction from ex?

luvchocolate

Hi Bella its usually quiet on here at weekends so I am sure someone will be along soon xx

Bella_Smythe

thanks luvchocolate, Im getting a bit desperate here!

longtermplanner

Call StepChange in the morning and ask them. If they can't be definite about the 5 years they will be able to suggest who you should talk to. This is such a big step you can't rely on what anyone on a bulletin board says.