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bankrupcy and debt with megative equity

  • Jenlt124
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28 Oct 13 #411668 by Jenlt124
Topic started by Jenlt124
Hi

My partner separated 2 years ago and the marital property was sold, unfortunately there was approximately £18500 of negative equity. There was also approximately £30000 of unsecured debt in only my partners name, £5000 in car loans in her name and a £3000 credit card bill in her name. She removed the entire contents of the house and denied contact with the child. Fortunately the courts rectified the access problems. She has refused to pay anything towards the debts in his name and as such he has now had to go bankrupt. Her pension is larger than his as he transferred in a substantial amount from another pension acrued prior to the marriage. As they were joint and severally liable for the negative equity the debt has now transferred to her, she is now pursuing him for his pension to cover this half of the debt. Is he liable for this, i thought all liability stopped with the banckrupcy also is she liable for any of the debt in his name but used for household items eventhough he has gone bankrupt?

  • butterfly crossing
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03 Nov 13 #412359 by butterfly crossing
Reply from butterfly crossing
I had to go bankrupt to.

Anything that was included on the form up to the day your partner went bankrupt, anything since is not.

My stbx has a much larger pension than I do, but the Judge gave him a larger share due to the amount of debt the Judge thought he would be liable for.

It turned out that he negotiated with the company that would lose money due to the negative equity on our house and they are now going to ask my OR for £20,000 that stbx claims he cannot pay, however he got the bigger pension share because the Judge believed that he would have to pay that amount. So if this goes before a Judge try and pin any company down to what they would accept from your partners wife.

Everything would be approached as joint while in the marriage, no matter who''s name it is in.

My Judge gave me a lower pension share to make up for the difference.

I may not have made myself clear, or if you have any more questions please feel free to private message me.

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