taking his house because of me

Somerset

pinky2810

As Richard said, post this same question on :

http://www.debthelpuk.co.uk/forum/ ( You'll need to register )

If you can ask a guy called 'Brin'. He's an I.P. You won't get an opinion, you'll get a straight answer that you can take to the bank.

Oldernotwiser

fermi wrote: »

Not sure TJ. This suggests otherwise, but as normal does not go into enough detail to be certain. The red bit in particular.

I think some professional advice is definitely the thing.

The 3 year period was discussed quite thoroughly here

http://forums.moneysavingexpert.com/showthread.html?t=405687&highlight=property+post+discharge

pinky2810

hi, im still searching for things and i came across this today hope the link works . it's saying even though i am now discharged that they can still look into property up to 3 years after . i know im not on the morgage but they class me as let meknow if link doesn't work and there might be a few other helpfull thing for people to know


http://www.geoffreyleaver.com/resources/answer.asp?subject=What+happens+if+I+am+made+personally+bankrupt%3F&xmlid=714&DeptID=2&SubDeptID=119

pinky2810

oppps sorry folks i have only just read the last few posts of today after submitting this . and all you good poeple out there have allready found the answer out for me silly me i should read first before posting thanks a lot anyway , well it's something new to learn and know about for advise for other people in the same situation
see you tomorrow

Richard_S

blind-as-a-bat wrote: »

Knowing richard as i do i think he was hinting at something whith this comment



im not exactly sure what myself as he can be a bit subtle at times so im sure he will clarify it;)

You have probebly done this anyway but just in case make a list of the questions you need to ask then if you your immotions get the better of you during your appointment you can reffer to it

All the best and let us know how it goes:D

Hi Bat,

Yep got it one, I felt as though all I'd posted was negative and just wanted to "lighten" the tone of the post; how better to argue your B.I down than perpetually getting drunk and trashing the place.:eek: :eek:

pinky2810

ok whent to see a solicitor today he said basicly that because we have been together for so long they could come after us for 50% of the equity, he talked into a tape recorder thing about what was on our letter and he is going to write to the solicitor that sent us the letter, we have to in the mean time get as much evidence together as we can bank statments ect to prove that he has paid the morgage himself out of his own bank account , as we dont have a joint one and haven't done for 10 years since we moved into this house our acconts are separate ones well i dont have one now since i went b/rupt , and we now just have to wait to hear from him when he gets a reply back from the solicitor that sent us the letter , so thats all that was said today realy , but he recons that he can blag it as much as he can for us and just try to make an offer to them for as little as poss if needs be , so not much yet to report on how we when on i will just have to keep you posted when we hear for our solicitor or the other one . hope you understand all that
speak soon

Richard_S

pinky2810 wrote: »

ok whent to see a solicitor today he said basicly that because we have been together for so long they could come after us for 50% of the equity, he talked into a tape recorder thing about what was on our letter and he is going to write to the solicitor that sent us the letter, we have to in the mean time get as much evidence together as we can bank statments ect to prove that he has paid the morgage himself out of his own bank account , as we dont have a joint one and haven't done for 10 years since we moved into this house our acconts are separate ones well i dont have one now since i went b/rupt , and we now just have to wait to hear from him when he gets a reply back from the solicitor that sent us the letter , so thats all that was said today realy , but he recons that he can blag it as much as he can for us and just try to make an offer to them for as little as poss if needs be , so not much yet to report on how we when on i will just have to keep you posted when we hear for our solicitor or the other one . hope you understand all that
speak soon

pinky,

I know that's not much but at least it's a start. It does sound as though the solicitor is on your side which is a huge plus. I blamed myself for all our financial problems and I had some very dark moments before I admitted to my O.H just how bad things really were.

I appreciate you're not married but wedding vows are only part of a ceremony; when you decide that you want to spend the rest of your life with somebody, it's got to be "for better or worse". Your partner is having a little of "the worse" at the moment. If he truly loves you, he'll understand and still be there when this little cloud has passed and the sun's shining again.

Richard

molly73

Hi Pinky
I have read your thread with interest as I may have to face a similar position. I own a house and husband just about to go BR. I saw a solicitor some time ago and he mentioned beneficial interest but didnt think it would be much of a problem in my case. He told me the key is proving where the money has come from to pay the mortgage. (perhaps it would be a good exercise for your husband to get his bank statement together showing the mortgage payment) The key is how much you contributed towards the household...
I wait to hear with interest what your solicitor says.

cold_angel

Hi,

Sorry to hear about this. I dont know if anyone has gone through this with you yet but the OR has 3 years from the date of your BR to realize any interest you have in any property. even if you are not named on the mortgage. It is classed as Beneficial Interest.

I work at CCCS and it is not uncommon for the OR to return and do this. The best thing for you to do would be to seek legal advice. Community Legal Services off free informationa and advice regarding you legal rights and can also give debt advice and also advice regarding BR. 0845 345 4345 mon-fri 9 till 5.

Hope this is of some use to you.

All the best with it!!

Wight_Diamond

First time posting on this message board and must say its fanastic for advice.

Anyway i have a very complicated issue relating to beneficial interest,OR and trustees together with legal charge from former partners bankers.

My former partner went bankrupt in 1992,the or lodged restriction on the property with Land Registry and in the fullness of time appointed trustees to liquidate the beneficial interest. The trustees did not seek any interest in the property due to Barclays bank having legal charge in relation to my former partners business banking arrangements,she was also discharged from her bankruptcy.

All well and good you say! However i,m now trying to have removed Barclays legal charge and it looks as though they are intending to play hardball.

I have limited liability under my personnal guarantees and luckily in a position to clear these but they intend seeking the 50% equity from my former partner( i have maintained the mortgage from day one ) Any ideas on how i can settle with barclays on this matter and what kind of % of the total debt are the likely to accept?