My husband has recently been made bankrupt by a company he owed money to due to a bad business deal. He owes them £90,000.
He also owes others around £45,000.
I own the property we live in. I owned it before we got married, and he moved in after we got married, 10 years ago.
I am worried about my home. Can it be taken from me due to his being made bankrupt?
Can you advise me on this.
I know this is a stressful time for both you and your husband. Financial worries and issues can put pressure on a relationship. I will explain things as best I can, with the information you have provided.
In bankruptcy, an Official Receiver is appointed to review the bankrupt’s finances, and also to look for any assets that may be sold to offset any loses a creditor may experience.
If your husband has no assets, such as property in his name, or in both your names, then the OR has no assets to seize or take.
There is only one caveat to this, and it is called Beneficial Interest.
If the Official Receiver feels your husband has a Beneficial Interest in your property, they would need to determine that interest, and how much that interest equates to.
Has your husband contributed in anyway to the property?
- Has your husband contributed to pay the mortgage?
- Has your husband paid for any repairs or maintenance or upgrades?
- Did your husband contribute in anyway to the deposit?
Now take a breath and relax.
It may not come to that, and again, your property is your property.
Get back to me, and we will look at this closer.