ex H is going to declare himself bankrupt

[violet101]

Hi,

I'm coming out the other side of a divorce on grounds of unreasonable behaviour (his, not mine!). The judge has just agreed to the divorce and decree nisi will be issued early in Feb. Ex finally moved out after xmas, we've agreed maintenance (not a vast amount but I just want him out of my life). Anyway the judge has declared that he should pay my legal bills (most of which have been on legal aid)and he is not happy!

Ex has now announced he is going to declare himself bankrupt and I'm worried a) about maintenance payments and b) more seriously, if that would have any impact on the family home that I'm remaining in until youngest reaches 18.

Just wondered if anyone else has experience of this - just when I think I'm getting there, he slings me a curved ball.....
Thanks

I think you will be Ok and this might seriously backfire on him but I'm not a lawyer so ring your solicitor I should or CAB.
As I understand it:
Pretty sure the house is an unrealisable asset and can't be sold till youngest child out of education (18/19). Conversely a bankrupt cannot get a mortgage, so he's basically consigning himself to renting for a good long while.
Maintenance has to be paid out of his income, so might be temporarily affected but unless he plans never to have an income again should resume as soon as he starts working.

I agree. Child support is specifically excluded and is not a "debt". So he will continue to pay whatever amount he is deemed to owe...as long as he's in work. If he's not then its the standard £5 a week.

I would recommend you get legal advice but I think that if the house is jointly owned and he goes bankrupt, you will have the option to buy his share. If it's in negative equity you can buy it for just £1 plus the legal fees which I think are about £125 (ish). If you don't or cannot buy it but it a family home where children live, you are given 12 months "grace" to find somewhere else to live before they take it. I don't think you get the right to live there until the kids are 18 but I'm not 100% sure so do check.

Maintenence is a separate issue based on his means to pay and arrears are not written off in bankruptcy either.

If he does go Bankrupt then it could have an impact on you so speak to CAB or CCCS (consumer credit counselling service) asap to find out exactly where you stand.

Thanks ladies. I'm struggling with this - he has a history of playing games and I can't help thinking this is what this is....but I can never tell with him!

I have left a message with my solicitor and will post the outcome incase it helps anyone else in the future.

The irony of all this is that he's away for a month on a fat freelance daily rate....

My ex sucks

if he owns the house in his sole name you need to register your matrimonial home rights
your solicitor will explain
poor you

Thanks Freshmint but we jointly own the home. In fact I already had one when I met him but then we jointly bought. Nothing of what I'd achieved prior to him seems to count - he's done well out of this divorce so that I can just get shot of him (its taken 18 months just to get him to leave - we were legally separated but living under the same roof). He's just narked at being asked to pay my share of the legal costs.

Sorry to moan - I've been on such a high since he left after Xmas and my friends keep assuring me its just one of his games.... like actually its acceptable 'its the way he is'.... but they don't know him like I do.

Everyone thinks I'm doing so well... but this has really got to me.

If I could give anyone any advice about getting married it would be to ring fence any assets you have - even if you do love him madly and believe it will last forever....

signed
bitter and twisted!!!!!