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ex husband going bankrupt and "our" mortgage

hi there , I split up with my husband 6 years ago and apart from the odd phone call I haven't seen him since. since he left I have been paying the mortgage by myself and getting by.

He left me in financial difficulty so I debt plan was my only way out. He went down a separate path with his debt and went for an iva wich finished last year , something has gone wrong somewhere because he's having to go bankrupt.

My credit rating since he left has not been very good so remortgaging without him as never been an option so I've just carried on paying the mortgage as normal.

Today I have received a letter stating that he is going bankrupt and that my house is under threat and have received a letter - application to register restrictions against the land.

I have no idea what this means and the website that it tells me to check makes no sense so can anybody tell me what this is and what can actually happen.

The house is in negative equity.....

Comments

  • PETIE
    PETIE Posts: 93 Forumite
    Would have a read of this
    https://forums.moneysavingexpert.com/discussion/1839539

    Should still be relevant
  • Is that saying I have nothing to worry about?? I'm no good with legal jargon
  • andyfromotley
    andyfromotley Posts: 2,038 Forumite
    If they are putting a restriction on then its nothing major to worry about. It simply means that you have to follow a few steps when you sell the house. Essentially you have to inform the people who put the restriction on that you have sold it.

    When you sell you need to ensure that your solicitor knows the difference between a Charging Order and a Restriction.

    You do need to speak to a solicitor about this whole matter now though as the current situation is very unsatisfactory and quite possibly very detrimental to you. You may be able to make your position very much more secure with regard to the restriction and the equity in the house in general.
    £1000 Emergency fund No90 £1000/1000
    LBM 28/1/15 total debt - [STRIKE]£23,410[/STRIKE] 24/3/16 total debt - £7,298
    !
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