Bankruptcy advice required

[xddaver]

Hi hoping someone can help. My wife had a house re-possessed 19 years ago with negative equity. This was with her ex-husband. This they were paying off until 5 years ago when he disappeared...literally. My wife spoke to CAB and everything and was advised to set-up a repayment plan with mortgage express for £1 a month. This has always been paid. She was also informed (wrongly I think) by the CAB that mortgage express had split the debt. In the last fortnight she has received letters stating that she owes £35K. Apparently her ex has been paying nothing and has in fact gone bankrupt. We have been sent an income & expenditure form which we have filled in with my wife's details NOT mine.

 

She only works part-time due to illness and may require operations shortly that will stop her working at all.

 

The house is in my name as are both cars that we own. NRAM are quite willing to work out a payment plan but doing that this will never go away.

 

I think this leaves us 2 options - 1 - offer a full & final settlement (Anyone any idea how much / little to offer) or 2 - she goes bankrupt.

 

If she goes bankrupt how would this affect my house & cars. We have a joint bank account but it is only my earnings that go into it.

 

Advice greatly appreciated

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?403870-Mortgage-arrears-Mortgage-Express-via-NRAM

 

I have linked to your other thread, in case people want a little more history.

 

 

If the house and vehicles are in YOUR name only, then your wife's BR will not affect you in anyway.

 

Have you had a word with National Debtline ? They will be able to provide very good advice

[sequenci]

Hello there.

 

Under the rule of joint and several liability your wife is liable for the full 35k, sadly.

 

Has she ever contributed towards the mortgage or any of the bills? HAve you guys ever had the intention that your wife would 'own' a bit of the property - even if she isn't actually on the title deeds?

 

Your cars would be safe.

 

With a F&F settlement you could offer a small amount, I've seen very low settlements being achieved with shortfalls.

[xddaver]

No never contributed. All household bills in my name though my will leaves her the house. Spoke to national debt helpline quite useful. They did however suggest 20p in the pound...too much. I was thinking of offering 1k initially to test the water. On an agreement they won't get more than £1 a month so it would take forever to reach a grand. What do you think.

[sequenci]

Make them the offer of £1k in full & final settlement otherwise you'll use the money to pay for your wife's bankruptcy.

 

The reason why I asked re: the property was just to ensure that there was no 'beneficial interest' in the property as far as your wife was concerned.

 

If it was me I would probably get her to go bankrupt and be done with it - but the choice is, of course, yours.

 

Best wishes,

 

Seq.

[gideonssword]

I would also open an account in your name only and get your earnings paid into it.