We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 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!

Home owner

Options
My ex has applied for an IVA. We own a house together that is on the market through voluntary repossession. I have been told that I have to sign a form to protect the house from the IVA. The house is currently under offer at £20,000 more than the mortgage.
Can anyone explain to me how this is going to affect any money that I will get from the sale of the house whether I sign the form or not? 
The IVA has nothing to do with me we have been separated for 3 years and this debt is what has been accumulated since then.

Comments

  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 11 December 2021 at 2:59PM
    I`m unaware of such a form, however its your ex going insolvent, not you.

    When the house sells, anything left over, unless some other arrangement exists, will be split 50/50 between you.

    You are free to keep your share, the payment to your ex will be considered a "windfall", and under the windfall clause in most IVA`s, that money will go to the benefit of there creditors, they won`t see a penny of it normally.

    I would strongly urge you to run this past National Debtline, before you sign anything, this is there website -

    Debt advice | Free debt advice | National Debtline | National Debtline 

    who has told you to sign this form anyway ??
    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
  • fatbelly
    fatbelly Posts: 22,943 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    It's not clear to me why you should sign anything. Your share of the equity should not be affected in any way by the IVA
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    I agree with others here. I wouldn't sign a form that doesn't appear to have anything to do with you, or your share of the property. It isn't your IVA so how can possibly it affect your portion? If you sign any form then you may end up being sucked into your ex's debts. It's nothing to do with you.

    Getting some free advice is certainly a good idea. Citizens Advice can help, as can Stepchange and as Sourcrates says, National Debtline. 

    Don't be pushed or rushed into something that you're not sure about. 
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
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
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K 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.