UK Property Law
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Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
When was the Decree Absolute
How much is outstanding on the Charging Order?
Did you point out that there is no equity in the property?
To the court?
What was the loan used for
So that loan that is secured is a joint one?
Is he actually going to declare himself bankrupt?
Is there any other debt in joint names?
So just to check - the mortgage, the loan that has just been secured on the property which you are paying anyway and an RBS loan - that you are paying - that is it in joint names?
It is not easy to have a name removed from the Deeds but remain on the mortgage - the easiest way of achieving it is for your husband to go Bankrupt.
This will leave you solely responsible for those three debts - but you were paying them anyway so it makes no difference in many ways.
Once the Trustee in Bankruptcy has been appointed he will eventually contact you and off you the opportunity to "buy out" your husband for a minimal amount since there is no actual equity in the property
This will mean that you alone own the property - although your ex will still be on the mortgage
I hope that this is of assistance - please ask if you need further details
Not at all - there is no equity so the Trustee will not wish to force a sale - they will offer it to you instead