will i have to sell?

i am just starting a divorce he cheated on me and denied it of course its a year since he left i dont want him but i want the house for the kids and myself we have agreed on lots got some down in writing and witnessed including him giving up all equity in the property but he is in a lot of debt and wants to declare himself bankrupt if he does bankrupcy will come and take the house from under our feet and the capital will only pay off my debts so i will be left with nothing? i dont know what to do am seeing a different solicitor on thursday so we will see, any help or advice would be appreciated.

Hi all,

When you say that you have just started a divorce, do you mean that you have sent the divorce petition to your stbx ?
What you have agreed amongst yourselves, even if it is witnessed, will not carry much weight in ancillary relief proceedings ( = the bit of the divorce proceedings where assets are divided ) A solicitor may make a point that you both intended to carry out your agreements, but that is not the same as a Consent Order which is legally binding.

A consent order is actually enforceable and has to be signed by a judge. You have not reached that stage yet.

I do not know anything about bankruptcy procedures and in what way they affect divorce proceedings and suggest that you post again under the heading of bankruptcy as someone more experienced in that area is bound to pick it up.

One last point : I do hope that you are aware that it does not matter who divorced whom and for what reason as far as the division of the assets are concerned - the court is only interested first in the needs of the children and then the housing needs of both parties.

Hope this helps
Red XX

thanks red for your reply its just all so overwhelming i need to take one day at a time i suppose seem to have wasted so much time already! x