Ex on mortgage bankruptcy

[Mumof3babygirls]

Hi needing help
my ex partner is wanting to go bankrupt! He’s still named on my mortgage but I have been solely paying this for the past 8 years
it was started on out financial agreement before out divorce that he would pay me x amount a month towards the mortgage

he now owes 23k of which i doubt I will ever see as he stopped paying
he wants me to take over the mortgage and get his name off it but I’m not in a financial position to do that
the house is 100% mine as stated in out divorce. I gave up rights to his pension, inheritance etc to keep the house so our children were secure

pls could someone tell me if he were to go brankrupt where I would stand

If his name is still on your mortgage then the house is not 100% yours, it doesn’t matter what your divorce papers say. Your mortgage provider still sees both you & him as owners & liable for those payments.

Even if you could afford to take on the mortgage in your sole name at this stage it wouldn’t make a difference because it would be seen as deprivation of assets to avoid repaying debt- essentially it would look like he’s offloading assets so he can say he can’t pay.

Are the deeds for the house in your sole name? If not sounds like your going to have to sell the house, give him 50% to pay off his debts. If you had a solicitor who advised you to do this you may have a claim for terrible advice given.

I would be wary if he’s going bankrupt and he is named on your deeds they can attach orders to the property including his debts. Start with a land registry search first about £3 to see if he still on there.

Oh gosh.

im not sure about the deeds to be honest.

I think he may still be on them

I will have a look. Thankyou for all yr advice

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy/how-bankruptcy-affects-you/check-how-bankruptcy-affects-your-home/

I think you need legal advice. I’d be very concerned that his creditors had some rights to the equity in your house.

Op I think you'll be fine if you have an order from the court. What does the consent order say?
Remember you are also a creditor of his - he needs to declare it on the bankruptcy application.

The initial responses to you thread contain wholly incorrect advice (why do people do this???).

If you have a financial remedy order saying you are entitled to the whole of the equity in the house then you own 100% of the beneficial interest in it. Furthermore if the order says that he must contribute to the mortgage, and he hasn’t, that remains a debt from him to you despite his bankruptcy (though beware limitations on claiming debt that is too old).

How much is the equity? The Insolvency Service won’t want his half unless the equity is over a certain amount.

^This

No she won't have to sell the house

He doesn’t own half anymore.

To reiterate, this.

PP don’t seem to understand the difference between beneficial and legal ownership, which are two distinct (and important) concepts.

You need to get legal advice though as hopefully just these responses have shown you won’t get anything reliable from an anonymous forum.