We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

What happens to equity in the house?

Hi. If someone has say £50,000 equity in a property and a £16000 unsecured loan. What happens if they file for bankruptcy?

Regards

Comments

  • TheGardener
    TheGardener Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Well generally in that case the OR would normally claim the equity on behalf of the creditors - and their own fees which can significantly increase the value of the overall debt
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Chris P,

    If you only have a £16,000 personal loan, and are named on a property with £50,000 of equity, then bankruptcy is extremely unlikely to be a suitable option. In bankruptcy your assets are seized and sold to raise money for the creditors so you would very likely lose the property in this scenario.


    The Official Receiver (OR) would realise your asset in the property either by selling it, or by a third party 'buying your interest' back from the OR. This is at the OR's discretion and would normally need to be, more or less, the value of your equity, and that is more than your debt. So, just from this perspective, bankruptcy would not be an advisable option for you with a £16k loan and with £50k equity.


    Try and post your SOA in DFW and look at other options. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Thanks SOA and DFW?
  • John-K_3
    John-K_3 Posts: 681 Forumite
    A statement of affairs, and the debt free wannabe forum.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.