Login|Contact Us
Question and Answer

UK Bankruptcy Law

Ask an UK Bankruptcy Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I am married with 1 child and I have a lot of debt in my name,

 
AJ Genus's Avatar
  • Answered by:AJ Genus
  • Solicitor
  • Positive Feedback: 100.0 %
  • Accepted Answers: 47
Verified Expert
in UK Bankruptcy Law

Recent Feedback

Positive
Outstanding very good Expert !
Positive
Very helpful, clear and concise...thank you
Positive
Very helpful!
Positive
thanks for your help.
Positive
Very helpful. Thank you
Positive
Thank you for your clear and well researched answers.
Positive
AJ Genus is a very helpful and dedicated person who has helped me in a time of...
Positive
Thank you
Positive
Great feedback. Very helpful!

Customer Question

I am married with 1 child and I have a lot of debt in my name, no joint debt at all, no joint account and I am not on the mortgage and the car is in his name. . My husband works I don't. He pays the mortgage and bills I pay for household shopping our son and dog! If I were to go bankrupt how would it effect him? Would he need to file? Would his earnings be taken into account? what checks does the official receiver make? Do they check us both out. Very worried. Really need some comprehensive advice. Thank you in advance.

Submitted: 292 days and 15 hours ago.
Category: UK Bankruptcy Law
Value: £22
Status: CLOSED

Accepted Answer

Picture
Expert:  AJ Genus replied 292 days and 12 hours ago.


AJ Genus : Hi
AJ Genus : Thank you for your question and welcome to Just Answer.
AJ Genus : Your trustee in bankruptcy/official receiver will
AJ Genus : only be able to claim assets that you own that includes your shares in assets you own jointly.
AJ Genus : Your husbands assets will remain untouched but the OR/trustee does have wide powers to investigate your affairs including any instances where you may have transferred assets to your husband to avoid your creditors within the last two years.
AJ Genus : Unless there are exceptional circumstances you will remain bankrupt for a year from the date of the order. You will be entitled in that year to a basic living allowance, third parties I.e your husband may support you as well. After a year, generally speaking, you will be discharged with a clean slate but as a discharged bankrupt you
AJ Genus : may have trouble obtaining credit in the future. I look forward to hearing from you. Kind regards AJ
Customer : Hi, I've read about beneficial interest but I've not contributed to the mortgage my husband has always paid it as its his house before we met. I don't want this situation to impact him and force him bankrupt
AJ Genus : Hi
AJ Genus : Thank you. If the house Is not registered in your name legally and you have not contributed to it then you won't have a beneficial interest in it. Is it in your name? Kind regards AJ
Customer :

Hi, No the house is solely in my husbands name, he works full time, and pays the mortgage and always has done. I am just concerned that the OR will say i have contributed, no money i have had has ever gone towards the mortgage, but could the OR prove otherwise. Thanks BT

AJ Genus : Hi, the only way the OR will be able to prove it is if he looks through your financial statements and sees that you have some how contributed. Good evidence to protect your husband would be if he could show he bought by property before your were even married? I look forward to hearing from you. Kind regards AJ
Customer : Hi AJ he bought the property 2003 we started living together 2004 married 2007. Money from my account has never really gone to his. Money from his has gone to mine though! lol. He has even paid some of my direct debits. On another matter what would happen with his car? I asume as its his again in his name it wouldnt be effected? Thanks BT
AJ Genus : Hi . Thank you . Yes you are correct the OR won't be able to claim his assets in your estate unless you have deliberately transferred assets to him to avoid your creditors. Kind regards AJ

Expert TypeSolicitor
Category: UK Bankruptcy Law
Pos. Feedback: 100.0 %
Accepts: 47
Answered: 6/29/2012

Experience: 2 Years Insolvency Litigation

Ask this Expert a Question >
 
Tweet

Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your UK Bankruptcy Law Question Here...
characters left:

Top UK Bankruptcy Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
259 Solicitors are Online Now
Type Your UK Bankruptcy Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC