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Legal matters

X bankrupt will I be liable?

4 replies

cjelh · 29/05/2014 18:52

X and I separated Sep 2011, I moved out. I was company secretary of a joint limited company. We finally completed settlement in June 2013. We are not divorced.We sold properties and cleared debts.
There is mortgage on the offices which were owned by the business and pension.

I signed over any rights to pension as part of settlement and 'resigned' from directorship at same time.
He asked at christmas if I would pay half towards divorce. I said I don't have the money(which I don't). I have also covered thousands to do up house to sell and all legal fees so far which crept up because he didn't answer the letters. Part of me does think that he got OW and I've covered all the costs so far and its cost him nothing and I have no money left.

Today he asked again if I'd contribute and said it was for my benefit as if he went bankrupt the banks would come after me. I'm sure this was not the legal advice I was given. Is he wrong?
Have I any liability at all?

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AuditAngel · 29/05/2014 22:21

You were company secretary. Were you also a director?

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cjelh · 29/05/2014 22:23

Yes

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Zamboni · 29/05/2014 22:32

A person is not responsible for another persons debts unless they are joint liabilities.

If you had any joint debts (eg loans, credit cards, overdrafts) or joint obligations (eg personal guarantees in relation to the business borrowing) then if he is made bankrupt then you would be responsible for the entire balance.

In relation to the company debts - unless you guaranteed any of them you are probably not responsible for them.

If you hold any assets jointly with your ExH, and he is made bankrupt, his share will form part of the bankruptcy estate.

The interplay between divorce and bankruptcy can be complicated depending on what stage ancillary relief proceedings have reached when a bankruptcy commences.

This may just be a threat but you may want to seek advice about what the effect would be on you if it did happen.

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cjelh · 30/05/2014 08:39

I was trying to avoid more legal costs, but I guess I'll get advice from my solicitor. Thank you for your time.

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