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HMRC Bankruptcy and ExH

(17 Posts)
CrisisMummy Fri 22-Feb-19 02:38:03

Posting here for traffic. Am going to try and see a Solicitor first thing.

I picked-up an email an hour ago from my ExH saying HMRC are shortly to make him bankrupt and they will come after "his" half of our house. We are divorced but do not have a financial settlement. I have been paying the mortgage since he defaulted 18 months ago (it is all very tight but cheaper then renting the same sized property) and live in the former marital home with four Children, oldest 12, youngest 5. I have been Googling, but have no answers: am I likely to lose my house?

Troels Fri 22-Feb-19 08:05:09

I can't see them making you and 4 children homeless. I hope it all goes well.

CrisisMummy Fri 22-Feb-19 08:25:03

Thanks. Totally unsure of the law surrounding this.

Dowser Fri 22-Feb-19 09:27:16

Obviously you need to talk to your divorce solicitor
Why haven’t you had a financial settlement, is it still being worked out
What makes him the was entitled to half the house.
I think you are entitled to stay there until your youngest finishes full time education

Don’t let him scare you.
We had no dependent children and I got the full house

Dowser Fri 22-Feb-19 09:30:20

My exh got to keep his pension, I got the house and savings

Brahumbug Fri 22-Feb-19 09:31:16

"What makes him the was entitled to half the house". Probably because the starting point of any divorce is assuming all assets are joint.

Brahumbug Fri 22-Feb-19 09:32:06

Hope you have good news from your legal advice OP

Dowser Fri 22-Feb-19 09:42:16

Exactly..it starts off as 50/50 but then everything else has to be factored in.
There’s his pension or both pensions
Op has been paying the mortgage on her own for 18 months
You really need to speak to your solicitor.

ivykaty44 Fri 22-Feb-19 09:42:38

Game playing

LIZS Fri 22-Feb-19 09:44:15

Are you sure he is not playing games with you? Has he been in financial difficulty? Does it seem likely?

tipsytrainee46 Fri 22-Feb-19 09:45:36

The family home is always (in reality, if not in legislation) excluded from bankruptcy. I wouldn't worry

CrisisMummy Sat 23-Feb-19 11:09:55

tipsy is that usually the case?
ivy LIZS yes: very plausible. When we were married, he was poor with his business paperwork, often late to file tax returns and generally bad at financial planning. I am surprised it is at this stage, especially as one of the last things he did was borrow money from my Parents to pay some tax, but I had no access to his business or business account, was not a director of it or anything.

The initial visit to the Lawyer did show that some of what he said in his email to me was not entirely accurate, and she recalled previous occasions when he tried to frighten me into precipitate action with slightly inaccurate information.

Dowser one of the OW was very keen to get married so, though he agreed I could divorce him, when I didn't do it quickly enough, he did it. Bluntly, trying to keep afloat, deal with small, upset Children, Lawyers' fees and going back to work FT as he started mucking around with the money, I got so far with the process but never finished it.

tipsytrainee46 Sat 23-Feb-19 20:50:00

@CrisisMummy in Scotland anyway, yes - I don't imagine the situation is much different elsewhere

Graphista Sun 24-Feb-19 03:23:57

It's not a rule as such but it's extremely unlikely you'll lose your home particularly with child dependants living there.

I'd say it's a try on from your ex to get you to sell maybe, or give him money to "prevent the bankruptcy"

Have you spoken to your solicitor I can't tell ?

CrisisMummy Sun 24-Feb-19 04:01:06

I have spoken to a Lawyer, but have a longer appt booked next week.

I think he is trying to force movement from me but, equally, as I have established he has told his Parents, I think it is legit. @Grahista

CrisisMummy Sun 24-Feb-19 04:01:25

@Graphista

Weenurse Sun 24-Feb-19 04:32:28

Good luck with lawyer 💐

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