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What are we each entitled to in our divorce settlement?

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Bankrupt, IVA just to stop me getting a penny

  • twinks
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23 Jan 08 #11602 by twinks
Topic started by twinks
Me again with another question. As i said before s2bxh is in debt, he has aready said that if i tried to divorce him that he would go bankrupt so i dont get anything,lose the kids home etc. At the mo he is selling a property that was bought during marriage but in his name, i know that he wants to get this money out then go thru an IVA. He is self employed and can earn a lot, so he would be able to go bust etc and do cash jobs, so although he will have money, he will say that he doesnt.

I have been told that i can put a charge on this house. But I dont want the sale to slow or stop as i will need to now pay mortgage and bills, we have 2 kids.

Can i stop him from going bust, or an IVA selling his other property to his dad say, or putting it in in someone elses name etc. but if he plays fair i can have that removed.

Probably not making any sense here, but I cant file until i know that he wont make us lose our kids home

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23 Jan 08 #11605 by Josh2008
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You can get a charge over the property to stop him selling without your consent.

I have already posted elsewhere so will look it up and post here, I have done this myself so I know it works.

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23 Jan 08 #11606 by Josh2008
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Can't find the other posts on this so here goes

Go to www.landregistry.gov.uk


Click on house prices

Go to individual property prices - input the post code of the property in question

You will now get ALL properties in that postcode that are registered, select the property in question

You have to pay £3 for the title register; this is all you need to establish who actually owns it and any charges that are against it.

You can now apply for a charge over it based on the 1996 Family Law act, but if you already have a charge over another property you will have to give that up

Link to the form needed - note there is not a charge for this, just complete and send to the appropriate offices where the property is nearest.

www.landregistry.gov.uk/assets/library/documents/hr1.pdf


Mine took only two working days from posting to receiving back, duly 'charged'

Good Luck

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23 Jan 08 #11607 by Josh2008
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Forgot to mention, encourage the IVA if possible, what this means is that he agrees to pay off his debts over a given time frame and allotting a monthly amount to each creditor

In the long term it is the best option, funds permitting, rather than outright bankruptcy which has stigma, and long term financial implications on ALL parties involved.

IVA is a good route to go down, because you can actually end up just paying a lesser amount than was originally owed, and most creditors will accept it, within reason

Chances are if he were to bankrupt himself, then creditors cannot expect to receive anywhere near what they are owed if anything at all.

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24 Jan 08 #11819 by twinks
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Thanks for that, have printed out the forms. All I can say is thank god for the internet :)

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24 Jan 08 #11824 by Josh2008
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Complete the forms manual first double check everything is OK, then go back on site and complete there

As a PDF you cannot save a completed document, but you can then print off as many copies as you need

Everything will then be in a professional looking format for submission to the registry

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