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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11265
Experience:  30 years as a practising solicitor.
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I am signing over the matrimonial home to my ex husband

Customer Question

I am signing over the matrimonial home to my ex husband gaining no financial settlement. We have two children and they live with me in rented accommodation. We have been separated for over 10 years and I have been trying to get divorced since. We are at title deed transfer stage and he is asking me to sign a bankruptcy form also. But I am not bankrupt. I also signed over all endowments over to him which he cashed several months ago, but he has not yet paid off the outstanding mortgage of 50k which was due to be paid in June this year from our 20 year joint mortgage. He has now purchased a Bentley car and a boat, and he has a remortgage offer which expires soon. Why do I need to sign a bankruptcy form during title deed transfer please? He claims he is on a zero Hours contract offshore and has no work therefore will have to reduce maintenance payments in January, which will leave the children and I homeless. We live in Scotland.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Have you seen and rad the bankruptcy form. The form is usually to say that you are NOT bankrupt. The reason for it is so that the title could not be challenged at a later date. The correct name for the form is a Declaration of Solvency. Can you check if this is what you are being asked to sign and revert to me. I will then comment on the other issues raised in your question.

Expert:  JGM replied 1 year ago.

Sorry should say "seen and read"