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Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If my husband is going to go bancrupt and we are seperated

Resolved Question:

If my husband is going to go bancrupt and we are seperated how will that effect the joint morgage on the house that I live in with my children.
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.



Thank you for your question.


Is your husband registered on the freehold title to your property?


What are the size of his debts?


Kind regards,




Customer: replied 5 years ago.
He is on the morgage, as am I. He left in Nov 09. The size of his debt is approx 120k ( although possibly more as the figure changes ) It is connected with a business that has no legal connections to me, as far as I am aware my signature or name is XXXXX XXXXX with this business at all. In terms of freehold? I have no idea what this is.
Expert:  Thomas replied 5 years ago.



If you own a house you most likely own what is called the freehold interest in the property (as opposed to a lease or leasehold interest.)


Ultimately a creditor of your husband could apply to have a charging order made against your property. This could then allow them to apply to Court for an order for sale, though in cases of bankruptcy you can ask for the sale to be put off for until the end of the first year of your husband's bankruptcy in order for alternative housing arrangements to be made. You will have to contact the official receiver or trustee in bankruptcy dealing with your husband's case and tell them your position. They will listen to you needs and those of your children (if any) to be housed).


It is only your husband's share of the equity that they will be able to claim, not yours. You will receive your share of the proceeds of sale in the event that the property is sol.


If the house if in negative equity (or a small amount of equity) then they will be unlikely to force the sale of the property preferring instead to retain a charging order on the property until the house is in positive equity.


You should engage with your husband's official receiver or trustee in bankruptcy and make him aware of your position. If they are uncooperative you should see a local solicitor to get them to contact them about postponing the sale of the house until the end of your husband's first year of bankruptcy.


A difficult situation, I do sympathise.


If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,



Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7147
Experience: BA (Hons), PgDip, Practising Solicitor
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