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can people my hubby owes money to claim house??

10 replies

Mrsjaffacake · 03/10/2013 21:39

Hi me and hubby both own property each before we married, we live in mine. Dh has numourous debts credit card and loans. If he defaults is my house (our home) under threat ???!

OP posts:
lifeissweet · 03/10/2013 21:41

I'm no financial expert, but my guess would be no. Most loans and credit cards are unsecured, which means your home is not under threat, but the bailiffs might get called if things got bad enough.

CrowmarshGibbon · 03/10/2013 21:41

is his name on any of the paperwork?

Mrsjaffacake · 03/10/2013 21:43

Its my name on deeds, maiden name actually, as have not changed it.

OP posts:
Mrsjaffacake · 03/10/2013 21:44

How would you prove to bailiffs that home and most of contents is mine??

OP posts:
sarahtigh · 03/10/2013 21:48

if the house is in your name alone and ownership pre-dates your marriage means No your house is not under threat
the fact that you owned the house pre- marriage means it is genuinely yours not his using your name as a convenience,

the only exception would be if your DH had transferred his house to your name about a month ago to try and protect his assets,
neither would putting your name on his house tomorrow protect his house

bailiffs can only seize goods that belong to the party who incurred the debt, even if married rules still apply

debts before marriage are not spouses responsibility though if a death would be expected to settle out of estate but if no estate can not be pursued.

debts incurred after a marriage depends on whether joint debts or secured against joint assets, you would be liable for example for his share of council tax and other bills but if mortgage in your name alone and house in your name it is not a joint asset

it is not the same as divorce when names on house deeds does not generally mean it does not have to be shared

sarahtigh · 03/10/2013 21:51

very few debts are secured against a house apart from mortgages and very large business loans so house safe anyway

receipts are good even an old bank/credit card statement

see previous threads easy answer to bailiffs is just do not ever let them in, they do not have right to force entry though they might chose tricks like wanting toilet/chat etc, talk with chain on door or via upstairs window or just refuse to engage

sarahtigh · 03/10/2013 21:53

keep separate finances no joint accounts they could make your husband bankrupt in the end but you can add note to your credit file that you have no joint financial products

if you say "this is my house with my name on deeds and i alone have the mortgage and own everything here so basically giving impression DH is a lodger

Mrsjaffacake · 05/10/2013 10:56

Thankfully we don't have joint accounts.

OP posts:
Trifle · 05/10/2013 11:14

Why doesn't he sell his house and pay off his debts ?

Michaela5 · 11/10/2013 06:04

'Why doesn't he sell his house and pay off his debts ?'

Because he's an arse and this is not uncommon

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