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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Hello and I need help with a very complicated prob

  • Rebecca186
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28 Feb 08 #15283 by Rebecca186
Topic started by Rebecca186
I need help with a few issues and rather complicated but in a nut shell
Hubby and I have agreed to separate after I have had enough of his cheating and deceit after 23 years marraige (25 together)
He has gone bankrupt after using all equity in house and investing in business that went no where (dont ask I believed I trust and I had faith) this has happened although never as bad numerous occasions in married life
children, one at college one working and one doing GCSE's
No equity in property..I have nothing...although work part time
bankruptcy court has said that year up and may now pass to balifs which probably means they will re-possess and if there is any money left in house which I doubt I dont want them to do that I want to move before that happens..
I need help so badly...can anyone tell me where to go what to do please.
thank you

  • mike62
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28 Feb 08 #15284 by mike62
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Rebecca
Firstly, don't panic :ohmy:

You have dependent children at home, so you are a priority for local authority housing. Have you contacted your local authority?

Have you been to citizen's advice?

Do you have any debt problems personally?

Are you receiving any benefits? Working Tax Credits?

Is husband still living in family home?

It seems like a mountain in front of you, but you can climb it, just take small steps in the right direction and it takes time.

Take care

Mike

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28 Feb 08 #15330 by mike62
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Rebecca, a PM is private message.

Look under the poster's name or avtar and you will see a PM button. This allows you to send a private message to that poster, like an e-mail.

Mike

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28 Feb 08 #15288 by Rebecca186
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Fristly Mike thank you so much for quick response greatly appreciated.

Not panicking as such yet however I have no control over the situation and its a mess caused by my ignorance and trust and faith in someone I have loved.:(

One child working, one leaving college June and one at GCSE's
Cannot get through TO CAB and have tried for weeks have sent email requesting that they call me as financially unable to seek legal advice as yet..also to be truthful a little nervous to jump ahead incase make matters worse and hubby and I agreed to continue to live under same roof becaucse of situation however because of his bankruptcy looks like that may now not be a solution and also probably not a good idea really in the long run
I do have debts again due to his 3 year of no income and being told monies coming in which never materialised. Did keep monies to do IVA however again had to use as he still had no job (now in full time employment) so have been advised to only go bankrupt once this has all been settled otherwise def will take our house.
No credits now...did and because my hubby didnt complete form in time and they continued to pay even though I wrote and said stop once he got job they continued...thus a debt with them of 2k...marvelous...things just get better, This all happened whilst my mother was seriously ill for year I had to sell her home put her in nursing home etc etc...so didnt focus to much on his activity. However have gone through all his emails and emailed them to me (new secret email account) which shows what he was doing...
plus of course the greatest bit....his cheating with other women....of joys of being married...cant complain got three lovely children

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28 Feb 08 #15300 by LittleMrMike
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One very important question for you.

Is the house in joint names ?

If it is in the sole name of your husband, then a bankruptcy order vests the property in the trustee. But you retain the right to live in the house for a time, subject to the right of the trustee to apply to the Court for an order for sale. The Court may postpone the sale for a time, but without getting too technical, not for more than twelve months, except in exceptional circumstances.

So what this boils down to is that you have 12 months from the date of the order to find somewhere to live. I wouldn't hold out too much hope for the exceptional circumstances.

Now on the homelessness issue, I rather think that a local authority would not accept you as homeless at the moment. This is because of the statutory definition of homelessness, which means that you have nowhere where you can lawfully live ( more or less ! ). At the moment I think the Council would tell you to come back when you get an eviction order ; if such an order is imminent, then you could probably argue successfully that there is unlikely to be any defence to the proceedings and therefore you should, at least, be regarded as
threatened with homelessness.

My namesake has said that you should have a ' priority need ' for Council accommodation, and if you have dependent children, this is true. Is your youngest likely to be still dependent by the time you are likely to have to leave ?

I have to say, madam, that my advice to people who had a priority need, is that sometimes homeless accommodation can be fairly grotty, and it may be better to seek out accommodation on your own account. It depends on the local situation, of course. One piece of advice I can safely give is to get on the waiting list pronto.

I hope for your sake that the house is in joint names.
If it's in his sole name I suspect it's too late. This is because the property will have vested in the trustee so there's nothing to claim against. I think there's a case that decided this which I can dig out for you if it comes to that.

You really do need to have a look at your possible entitlement to benefits once you no longer live together as a couple. If you are on a low income then housing benefit could be a possibility, and similarly Council tax benefit.

Have you considered your eligibility for legal help ?
It is at least worth while your asking. Look at the CAB website ' adviceguide ' for some general information about eligibility.

I am sorry, madam, to be quite so technical but it is unfortunately a technical subject. By all means send me a PM if you feel it would help. It's a pretty awful situation in which to find yourself ; bankruptcy added to divorce is definitely not funny.

Good luck.

Mike 100468

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28 Feb 08 #15325 by Rebecca186
Reply from Rebecca186
Hi mike and again thank you too

yes joint names....but also in financial mess although havent defaulted but am in negotiations with debtors and have agreed short payments but this will not last I am sure...they have been very good to me and truly i wish I could pay it all back...but alas not.
I really would rather not live in council accomodation and will do everything in my power to rent accomodation and if working full time requires that then so be it...i am not at all frightened of hard work however and this sounds awful I am not letting my ex get away with it...not after all these years and all my loyalty and everythig I have contributed too....in one way or other.
Excuse my ignorance but what is a pm?
again thank you for listening or reading..

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