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Hi, I have quite substantial debts from my previous relationship and have now re-married. My husband owns the house and I have a car that isn't worth very much. I am considering bankruptcy as I have no way of paying off these debts and quite rightly, my husband doesn't feel he should be included in these debts whatsoever but If I do declare myself bankrupt, can it affect him in any way? Would his house be put in jeopardy?

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  • JCS1
    JCS1 Posts: 5,288 Forumite
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    Do you have any joint bank accounts or financial products such as joint loans?
  • Louie3166
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    If you don't have any joint property, loans, or bank accounts, it should not affect him in any way.
  • Enit2004
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    We have no joint bank accounts or loans
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    Some people will talk about the concept of beneficial interest. That is where a couple live together with one having legal ownership of the house but the other contributing to bills, they can build up a legal interest in the house.

    This is often argued through at divorce hearings. And DRO intermediaries get their knickers in a twist about it when it comes to assets.

    But to nip that one in the bud, in bankruptcy 'interest follows title.' If you are not on the deeds and never have been then the house doesn't come into it
  • Cotswoldtony
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    Hi,  first don't worry about any debt you have or think about bankruptcy at this stage.
    In law your debt normally goes via debt collection agencies first.
    There are 2 types of debt collectors one that acts on behalf of the loan company and the other your debt purchased from the loan company by the debt collector.
    The first type will just sends threats and can be ignored to a point they will not take court action because they act on commission/set fees.
    Contact each loan company and explain how difficult times are with covid.
    Don't ask tell them tell them.... you require them to freeze your account immediately including interest to resolve the situation.
    Then wait for a reply, they will try all sorts of things but stick to a total freeze as above.
    What you are doing is setting out a responsible solution that can be shown to the court.
    Wait for all the replies to arrive and any that refuse your offer send them a recorded letter requiring an itemized statement in full with a verified wet signature and printed name of the man or woman sending you the documentation.
    This sends them a huge shot accross their bow because you are reponding using legal terms.
    My guess will be they send you a statement but nobody will ever verify it with a wet signature and printed name proprably stating that's not necessary.
    O k at this point you have made a good start to any court action in fact you probably stopped it stone dead at this stage.
    If you you need more info later contact me. 
    Regards Tony
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Hi,

    How much debt do you have, and what type of debt is it, loans/cards etc ?

    When was any of it last acknowledged in writing, or had anything paid towards it ?

    Is the debt all in your name ?
    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-letter
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