Recently severed joint mortgage and ex partner facing bankruptcy

Minkym00

I have seen an OR get an IP involved to turn over a transaction where a bankrupt had signed away his rights to a house he had left 10 years prior and that he had made no financial contribution to since. I think you definitely need to be prepared for this to happen. You have been overpaying the mortgage however, so you should have a greater than 50% claim on the equity. 

In your case it’s a shame that child maintenance debts do not vest in bankruptcy, as otherwise you could make a claim in the bankruptcy for unpaid child maintenance and recoup some of what you may have to pay out. 

brazil_mulberry

In my case Id see that as a total injustice. Surely you have to think that maybe the money was irresponsibly lent based on previous iva experience that was walked away from by my ex! It seems so long as the creditors get what they are owed back, doesn't matter who from, all is right with the world.

Fighter1986

brazil_mulberry said:

Hello fighter1986, re edited post....that was my thinking too, it would be a strong case but with initial contact with a solicitor ending with the advice "sit back, wait for the bill and pay what they ask" that might not be the case. Here's hoping the law centre give me better news. If I end up paying, the creditors will be happy but nothing has been corrected, it is so wrong that in this case I should be on the line for paying them the money they lent to and was spent by someone else

Sounds like your solicitor aught to find another job. It's literally his sole purpose for existing to argue your case not cave and tell you to pay up before even fighting your corner!

What a joke. 

If he isn't gonna argue your case for you damn well argue it for yourself!