Husband bankrupt and Trustee wants to sell our house??!!!??

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  • renegadefm
    renegadefm Posts: 1,303 Forumite
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    lisyloo wrote: »
    I'm pretty sure that isn't grounds for divorce which include adultery, abandonment, unreasonable behaviour etc. I'm sure you can get all of thme by googling, but I'm certain avoiding debts is not one of them.


    This means they lied on their declarations and have never been found out.


    In this digital age it's much harder to keep the truth under wraps than 10 years ago i.e. anyone putting a photo of them together on facebook or instagram could blow their cover.

    I understand they lied, but I guess if your desperate you'll do all you can to keep as much of the money you can, they worked hard for it, so I can imagine how you would do all you can to keep every penny of it you could.

    They still don't have a computer or that type of phone, so no fear of that.
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    It would not have helped them with the bankruptcy, unless the divorce took place well before the bankruptcy.
    If a financial order has been made in divorce proceedings, the OR can't (normally) undo it, so if a couple divorces, splits the assets so that one person gets more than 50% / retains a house, the OR cannot set aside that order to claw back funds from the non-bankrupt spouse. BUT if the bankruptcy order has already been made, then the same is true in the other direction, the non-bankrupt spouse can't claim against the OR and wind up with more than 50% of any joint assets.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • renegadefm
    renegadefm Posts: 1,303 Forumite
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    TBagpuss wrote: »
    It would not have helped them with the bankruptcy, unless the divorce took place well before the bankruptcy.
    If a financial order has been made in divorce proceedings, the OR can't (normally) undo it, so if a couple divorces, splits the assets so that one person gets more than 50% / retains a house, the OR cannot set aside that order to claw back funds from the non-bankrupt spouse. BUT if the bankruptcy order has already been made, then the same is true in the other direction, the non-bankrupt spouse can't claim against the OR and wind up with more than 50% of any joint assets.

    Don't quote me but I seem to remember they divorced just prior to the husband going bankrupt. So obviously had seeked some kind of advice on this before going bankrupt. Or knew what they we're doing.
  • photome
    photome Posts: 16,362 Forumite
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    renegadefm wrote: »
    I understand they lied, but I guess if your desperate you'll do all you can to keep as much of the money you can, they worked hard for it, so I can imagine how you would do all you can to keep every penny of it you could.

    They still don't have a computer or that type of phone, so no fear of that.

    Do you think the people that they owed money to worked hard for theirs or don’t they matter
  • threeofus
    threeofus Posts: 106 Forumite
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    silvercar wrote: »
    I think your definition of financial abuse is rather wide.

    My grandfather would never have told my grandmother anything about their financial affairs, but she wouldn't have considered it abuse. Financial abuse implies him taking out money in your name or stealing your money. Mismanagement of his own money doesn't mean abuse.

    There was a lot more too it, I was verbally, mentally and emotionally abused for years, the latter part was pushed and shoved, sworn at and threatened. He spent the family money on goodness knows what, gambled with my home and decided on bankruptcy without any discussion with me, stole money from his family, and left me without most months. Sadly I'm left to clear up his mess because of his irresponsible behaviour and I'm angry - as you can probably tell :-)
  • Chappers27
    Chappers27 Posts: 97 Forumite
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    How much debt is owed to the OR?
    no signature
  • TheGardener
    TheGardener Posts: 3,303 Forumite
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    There's a little too much sympathy for the OP for me from a lot of you. ….Truth, morals, ethics, principals and simple common decency seem to matter for nothing nowadays.

    Liam.

    The board is for support and help for those going BR. No - not everyone seems to be as straight up as most, but that is no reason to post comments that don't meet this boards aims. Posts like this don't help and to be honest, don't make any difference to those who use BR as a convenient escape route. But those people are the exception on this board rather than the rule so I respectfully request that personal views about what is perceived as inappropriate behaviour are refrained from.
    Board helpers on this particular board will continue to be non-judgemental and try and help everyone. :)
  • its_all_over
    its_all_over Posts: 183 Forumite
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    Chappers27 wrote: »
    How much debt is owed to the OR?

    That question was already asked but not answered, I think perhaps BeccaGee doesn't know how much her husband owed or doesn't want to say.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    renegadefm wrote: »
    I understand they lied, but I guess if your desperate you'll do all you can to keep as much of the money you can, they worked hard for it, so I can imagine how you would do all you can to keep every penny of it you could.

    They still don't have a computer or that type of phone, so no fear of that.

    I said anyone could take a picture of them together i.e. any family, friends or even a stranger.



    Putting aside the moral aspect I personally would not want to live like that where I have to beware of physically bumping into anyone involved in the process or being seen in a social media photo taken by anyone.


    As you say it appears they got away with it, but I believe that's partly because they did it 10 years ago.
  • BeccaGee
    BeccaGee Posts: 27 Forumite
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    I wish I could get away with it!
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