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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13474
Experience:  25 years experience of all aspects of family law
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Seasons greetings. It's ***** *****
, Ok the short

Customer Question

Customer: Hi Good evening and seasons greetings. It's ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: Ok the short version...I split up with my ex 2008, she left me with debts and a remortgauge and filed for bancrupcy herself. The house was in negative equity and I just leaned it's been re-possesed and sold.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to UK Family Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: 20 mins is ok... meanwhile I'll continue if that will save some time? Thanks Rob
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain what it is that you wish to know?

Customer: replied 1 year ago.
Hi Clare and good evening.i just sent along message, do you see it on the system?
Expert:  Clare replied 1 year ago.

No I am afraid not

Customer: replied 1 year ago.
I seperated from my ex girlfriend 2008. We had a house in joint names, I was left with negative equity due to the drop in house prices + a remotgage to pay off debt before the relationship broke down due to her violent behavour and unwillingenss to help the family unit (She has a child from an ex husband i treated as my own plus we have a daughter together)
The alienation of my dauter is another issue but i'm grateful for 2 visits a year and one day she will hopefully see what went on (I had regular contact until August 2013 and the alienation stems from) I get 20 mins a week on the phone and visits when my daughter isn't "busy". I took some counceling on this pain and just simply go with what she wants (As described by this form of brainwashing - as so long she keeps mums bitterness in check - at least i see her when "she" is ready. I pay maintenance EVERY month.Unfortunately my tenant left me with >3500 pounds missed payments and i struggled to keep the payments on the property in check (More to do with being in another country and not checking the situation ;-) )The house was sold. The bancruptcy term (i think 5 years) is over. Is she responsible for any of it?
Please understand, I'm a good man and i've no intention of making her suffer in any way but it seems i've the burden of the past. I try to communicate responsibly and wish to talk about our daughters rude and hurtfull behavour to me - no answer.must i face this debt alone?
Customer: replied 1 year ago.
Sorry the house was sold, as i leaned today. I called to make good the missed payments (money sent to the wrong account for months! ;-(((((
It's my stupid fault! but they could have called more than once!
I explained in june i would make good regular payments and from their side that didn't happen so i'm not blaming them for the action they took...the 145000 it was sold for is 15k less than 2 valuations I had in far no calls about this yet.
Customer: replied 1 year ago.
the house is in the Uk. I am living and working abroad sometimes 60hr weeks in a foreighn country, wife and 2 beautifull kids and by the looks of it + a lot of bad luck, this mess continues to be a massive burden. I'm really upset at myself, my life, the situation now (with +15k debt more than i had in june) whilst my tennant left damage, stole some things from the house..and now someone can easily make a tidy 15k profit..doing nothing. Possibly the intention to stay on the mortgage was the fault of the creditors...I don't know..I don know with joint mortgages they are only interested in profit and as there was no profit perhaps did nothing..
Expert:  Clare replied 1 year ago.


What a difficult position - however I am not certain what it is that you wish to know?

Customer: replied 1 year ago.
My parents visited the property in June, added new locks, cut the grass, lots of cleaning, found proof of when the tennnant really left and not the text message i got...the money she got was from the state for housing benefit....I pretty much broke even with my payments with the gas homecare service etc etc. Being self employed also means it was difficult to take weeks off to put a new kitchen in after the old one was pretty much broken more than the tired state is was in before...there were no problems there as everything worked, only it was quite an old kitchen. There were just 3 complaints, 1 was already an issue about the porch door not locking (it never did and I explained that, the house was secure) the 2nd other was a leaking porch roof which was fixed. The 3rd about the boiler (new in 2006) with a small leak and a radiator too (Both fixed under homecare plan) - later these were just somehow reasons for non payment. I explained to call me with problems - even if there was a reason she could not pay rent so i could avoid bank changes from misses direct debits, but i geuss the new I-phone and brand new bikes for 2 kids is more important for a mum on income support who decides to just not pay and not tell me
Expert:  Clare replied 1 year ago.


Do you wish to pursue her for the money - does she have any assets?

Customer: replied 1 year ago.
Hi Clare,
Ok. If someone is bankrupt with their name on a property before bancrupcy and theit name is ***** ***** the poseted documents (Statements etc) after the bankruptcy term (I think it's 5 years) is over.Are they entitled to any equity/responsible for any debt on a property that is re-possesed?It's not my wish to persue her for this deb't at the moment...but I would like to know if she is also still responsible/acountable for any debt as her name is ***** ***** the statements? Or is this right null and void (for any assets later or debts now) because of insolvency?
Expert:  Clare replied 1 year ago.

When was the bankruptcy?

Customer: replied 1 year ago.
2008...about. As for assets, she's renting like me except i tried at least to pay my way (Intrest only)
i have no assets either, some small amount of savings and that's it. The car is 7 years old but paid for. The house I rent with my wife but not in the uk.
Sorry for the bad spelling mistakes.
Customer: replied 1 year ago.
The "plan" was to keep paying the house (even interest only) untill such time the debt/equity would be at least in balance. (With market inflation)
I rented the property and broke some rules in order to "Get by" when in real terms i'm now worse off due to stupidity, a stressy demanding job, a family...and a "trustworthy family friend" of my one neighbour that simply milked my good nature. (Instead of me forcing contract rules etc etc)
I get no supprt from the state (because I work and graft for a living) for the country here within the EU vs costs i still have in the uk. I think it's a minefield in tax law that nobody wants to tread.So yes 2007/latest 2008
Customer: replied 1 year ago.
I didn't want to rent the house out again after it was trashed, but i also needed time and money to get it to a standard that I would consider acceptable for my family.
The repossesion side Clair, that's come today after i wanted to transfer the money from the bloody wrong account into the right one...only to learn the house is sold, with some personal possetions inside too.I asked Cheltenham & Gloucester about this and they said it's "Sold as seen" I aslo asked about the 'valuations' they had.. the reply was "that it was in their own best interests to get the best value for the property" BULLSHIT sorry because they are in bed with the firms that 'valuate' the property - these two companies know they get their slice of the cake and so don't care about value - just a quick win and next next next based on turnover.
Their own best interests is simply an automated machine. If dotting the "I" or crossing the t meanse "they made a call" then i fully accept they did their best too.
Customer: replied 1 year ago.
2007/2008...Can you answer if ther is a respnsability for debt or equity?
Customer: replied 1 year ago.
Hi Clare, I didn't get a reply...2007/8 was the bankrupcy
Customer: replied 1 year ago.
Hi Clare,
Ok. If someone is bankrupt with their name on a property before bancrupcy and theit name is ***** ***** the poseted documents (Statements etc) after the bankruptcy term (I think it's 5 years) is over.Are they entitled to any equity/responsible for any debt on a property that is re-possesed?
Expert:  Clare replied 1 year ago.

At the time of the Bankruptcy did the Trustee in Bankruptcy contact you about the property?

Customer: replied 1 year ago.
Hello Clare and thankyou for your reply. I did get some correspondance, i'll have to look again for it.
i think there was a n offer for me to my her share of the debt for 1 pound or something like that. I think they where only interested in any equity and i did nothing.
Customer: replied 1 year ago.
That should of read, 'buy' here share of the debt sorry.
Customer: replied 1 year ago.
Buy her share of the debt I think...
Appologies for my terrible spelling. I'm used to typing quickly at work...and not looking :-)
Expert:  Clare replied 1 year ago.

They were in fact offering to sell you her half of the house for £1 and if you had accepted it then the entire property would have belonged to you.

I am afraid however that her share of the debt was wiped out by the bankruptcy

If there is any equity then half will belong to the Trustee in Bankruptcy.