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Anyway around this situation? Debt and house
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Rebecca01
Posts: 732 Forumite


Due to a failed business with his parent oh has a court order to
Pay back £60k which he is at £200 a month.
Now there maybe more as his parent is not paying her share back. Joint debt.
Anyway thats not what I am hoping for advice on.
If I were to buy a home , all in my name as his credit is obviously bad. How can we both protect ourselves fairly if the company were to go for bankruptcy?
If it was all in my name but he has contributed for 10 years but has no equity as it all in my name . How does he trust I just don’t take it for myself if we split up?
What is the best way to protect us both or is it all down to hope and trust?
Pay back £60k which he is at £200 a month.
Now there maybe more as his parent is not paying her share back. Joint debt.
Anyway thats not what I am hoping for advice on.
If I were to buy a home , all in my name as his credit is obviously bad. How can we both protect ourselves fairly if the company were to go for bankruptcy?
If it was all in my name but he has contributed for 10 years but has no equity as it all in my name . How does he trust I just don’t take it for myself if we split up?
What is the best way to protect us both or is it all down to hope and trust?
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Comments
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You need to sign a declaration of trust.0
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Thanks
Would they take his share if made bankrupt?0 -
You need sound legal advice as there may be a beneficial interest in the property for him, should the company go Bankrupt, try Legal beagles, Click on the link in my signature below.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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Hi Rebecca,
If this is a limited company debt, and the debt is solely in the companies name, with no personal guarantee, then personal assets should not normally be taken into consideration. However, as you already seem aware, this is a complicated situation and there are a lot of factors to consider. I would agree that you may need some legal advice about the property, and I would suggest speaking to Business Debtline for more advice about the company, liability, liquidation/ bankruptcy etc. They are available on 0800 197 6026.
Laura
@natdebtlineWe 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 Steps0
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