Help regarding old bankruptcy, house and ex

BestEver83

I need some advice please. Around 2010 I became bankrupt and at the time I had a joint mortgage. My ex then paid my share to keep the property to in theory I own 0%. I have been trying for a number of years to get my name off the mortgage and now finally it will be going to court.
Also the last six months or so the mortgage has not been paid and as I have no shares if I decided to pay this I couldn't recover this.

Can you please help on the below and any suggestions or help. Thank you

1. If the property went to auction and sold for less than the mortgage am I liable for this? Given that I have no shares since bankruptcy

2. The ex is trying to get me to part fund the sale costs, I again own 0% am I liable, she has decided to drag this for so long.

3. Her actions I.e. not paying the mortgage are seriously affecting my credit / future, is there any more I can do?

Thank you in advance.

Brie

Not sure how it works with bankruptcy but with other debt solutions like DROs if one person registers a debt but the other person doesn't then all the debt is portioned to the other person.  Can't apply with you with a DRO if there was a house involved but potentially the full debt has been applied to your ex.

Was the mortgage included in your bankruptcy?

silvercar

My understanding is that your ex bought out the equity from the Official Receiver in 2010. 

The mortgage is still a joint mortgage, for which you and the ex are both liable. If you have done nothing to the mortgage ie signed up for a new deal with the current lender or transferred the mortgage to a different lender, since 2010,then the debt will fall into your original bankruptcy. This does leave your ex liable for all the shortfall and the lender may chase them. They may need reminding that you went bankrupt and so you have no liability for the debt.

If the property sells at auction (or in the normal way) and there is not enough money to clear the debt, then the lender may not agree to the sale. Or they may agree subject to you and/ or your ex agreeing to be liable for the shortfall. You should refuse. Up to your ex whether they want to complete the sale and take on the debt.

The other option is to hand back the keys, termed voluntary repossession, and let the lender handle the sale. The same applies to the debt - it isn't yours as any debt of yours that existed before 2010 falls into your bankruptcy. Just make sure you don't sign anything accepting the debt now.

It isn't in your interest to part fund the sale, you get nothing from it. Unless the sale will release some money. This means more than covering the mortgage and your ex agreeing to sharing it with you.

I'd want to check the documentation on her buying your share back off the receiver in 2010. Is it clear that she owns all the equity or was there some split agreed, where you also own it? 

Other than encouraging her to sell, there is nothing you can do about the missed mortgage payments effecting your credit rating. It is a joint debt that you are also liable for - though you get no return on making the payments.