Husband declaring bankcruptsy in divorce

ohcrap

Hello there,

I was hoping somebody might be able to offer me some advise?

I am divorcing my husband and since the separation he has cashed in assets in excess of 70K ... saying he had to pay off family debts (which did not exist)!!!

He has since our separation accumulated a number of debts, god knows how since he had not been paying the mortgage and during our marriage we had no debts apart from the mortgage.

He has now quit his job paying 45K per year and is filing for bankcruptsy!!!

He is making sure that my child and myself will see nothing and will not have a roof over our heads.

Is there anything I can do to protect myself and my child from his actions.

I would really appreciate anyones advise.

Thank you

Ohcrap!

Merry_Gentry

OMG I am so so sorry you are going through this. I think you need to get yourself to a solicitor ASAP - I don't know enough to offer any other advice, but hopefully others will.

betterlatethannever

What a rat!

As merry says, get a solictor.

The only up side is that once BR he will have an interview with the official reciever who will look at all his 'doings' in depth and he'll probably be in a little bit of trouble.:rolleyes:

That said, it doesn't help you any.

Hope you manage to sort things out for you and your childs best.

So_Sad_Angel

Hi OC

Welcome Sweetie....lots of hugs to you!

One thing that strikes me is that your ex OH seems to be `disposing` of the assets & running up new debt very quickly. If he goes BR then the Official Receiver will investigate thoroughly how he has spent that money...he could be in trouble if he has done anything intentionally that would constitute ` reckless behaviour`. His BR could be extended in this case & he will have to explain his actions.

Talk to a solicitor or Citizens Advice (free & councellors are excellent) to know what your rights are. They can advice on your occupancy rights & alternative housing. Do you / will you have financial difficulties as well?

Meanwhile take care of yourself & your child.

Angelx

ohcrap

Hi again & thanks for your comments.

I work part time but am increasing my hours to full time to make ends meet.

My husband does not support us in any way... no CSA or no contribution to the mortgage ... nothing.

I am trying to do everythign possible to remain living in this house (just a small house!).

It's not easy, but easier than living under the rein of a bully.

Thanks for all your support X

blind-as-a-bat_2

How at risk your home is will depend on the equety in it and what the OR see,s as your ex,s BI in that equity.

My only advice is firstly do as has been suggested and get legal help as i feel this will get far too complicated for any one hear to help much.

Secondly once he has gone BR you need to get in touch with his OR as you have a vested intrest in the case, dont hold anything back and make sure they are fully aware of everything that has gone on, if the OR is decent they should then keep you in the loop, so to speak, on any discisions they make that may effect your situation regarding the house

Thats about all i think you can do for now

ohcrap

Thanks for your comments & support! X

philnicandamy

Meanwhile anything you need just ask away & we'll try & help

JoeHel

hun, as someone who is also at the wrong end of an arrogant and foolish bankrupt, my advice would be (a) speak to a solicitor ASAP and (b) tell the OR EVERYTHING!!

Our case isn't so emotionally involved (it's an ex-boss, not ex-husband!) but the OR is being fantastic and I've had some great long chats with her. The more info they have, the more evidence they have. The more they are armed with, the more they can dig in the interview.

Rats like your ex do not deserve to get away with it. Best of luck to you and your little 'un.

ohcrap

Thanks ... good advise and thanks for your kind words. Much appreciated X

JoeHel

Oh, and one thing I have discovered that the OR finds MASSIVELY useful is evidence of WHEN things happened. It's proving very useful to our case for her to have evidence of when the Defendant knew what he could be liable to have to pay out, because that's when he started getting rid of assets. If you can put together a timeline of what happened when, it's easier for them to prove that he deliberately got rid of assets or spent cash, just so it wasn't available for you.