Scottish Law Questions? Ask a Scots Lawyer
If ex-partner does not wish to pursue this route + declare himself bankrupt and my daughter cannot afford to pay the mortgage ( for 10 months she + new partner have paid the mortgage..(.ex has made no payments as he has a new partner and a rented flat)
.What can she do.....her new partner is recently unemployed .....prospects of new job grim in present climate......she only works 20 hours per week....on maternity leave at present
Can she not give up keys to house and declare herself bankrupt if the mortgage lenders pursue her?
Whole situation is a nightmare !She desperately needs out of current situation........suffers from medically diagnosed depression/mental health problems.
Sorry about the misunderstanding re ex-partner...thought that I had made it quite clear in the original question.
If my daughter finds alternative accommodation ( perhaps housing Association property or moves in with family or friends) she can just hand back keys to lender explaining that she can no longer afford to pay the mortgage ?
I assume that she should advise ex-partner that she is leaving the property. He lives elsewhere with a new partner.
If he decides to do nothing, and the lender takes steps to re-possess the house through the courts, is it at this juncture that she applies for bankruptcy?
Can she do this even if her ex-partner does not want to declare himself bankrupt?
She is really desperate to get out of her present situation. Thanks
Thanks... was quite a complicated question that I posed however.answer was very helpful and prompt......Thanks.