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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7474
Experience:  BA (Hons), PgDip, Practising Solicitor
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if i am sued for a lorry accident can they take my partners

Customer Question

if i am sued for a lorry accident can they take my partners money, my lorry shed its load and landed on another driver who was servely injured, i have insurance but dont know if they will void it, i have money in the bank and wondered if i transfered it into my partners acct or into my childrens could they still take it
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hello,

 

Thanks for your question.

 

If a debt is owed to a creditor by an individual then it can be enforced through the courts against that individual's assets and not anyone else's assets. However, this would include your house if you own that jointly with your partner. Please confirm if you do own your house with your partner and I will explain further.

 

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,

 

Tom

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Customer: replied 6 years ago.

our house is in joint names but we still have 180,000 mortgage, also the money in the bank am i able to transfer that into my partners bank or childrens with out breaking the law, i also own another holiday house and thats solely in my name , am i able to put that in my partners and childrerns name too?

Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your kind accept.

 

Your creditor could apply for a charging order over your property. If they obtained a final charging order over the property they could apply for an order for sale. The Courts use this only as a final sanction where there is no other option and you & your family would be permitted to make representations that you require the house in order to house your family.

 

A creditor will look to your assets in the UK first because these are the easiest to go after in terms of enforcement.

 

If you were to siphon off assets in to the names of other people to avoid your creditor getting hold of them then the creditor could apply to court to have these transactions set aside. If you do end up owing money it is generally to your advantage to engage with the creditor in order to come to an agreement about repayment.

 

Good luck

 

 

Tom

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