Wife not on Title Deeds, mortgage cleared. Is my home safe?

[ScottishDebtor46]

Guys,

 

If my partner isn't and never has been on the title deeds of the house, and the mortgage has been cleared, would the house be safe in the event of her sequestration (bankruptcy)....

 

She contributed about 1 years worth of mortgage payments before I sold the place and bought a smaller house with the change.

 

Current value is £175,000. Mortgage has been cleared. She has around £20,000 owed to HMRC and they are going to court in a few weeks to do either an arrestment of wages or apply for sequestration.

 

The various debt helplines and charities tell me that because she isn't on the land register as a home owner, she will simply be considered a tenant without any further questioning.

 

Too good to be true?

 

Brian.

[ScottishDebtor46]

My WIFE I should add.

[Stigman]

Hi,

 

How long ago are we talking that your Wife contributed to the one years of Mortgage?

 

Have you any joint Bank Accounts, Loans, Credit Cards etc. ? These will be closed and any balance if Joint you become liable for solely.

 

Stigman

[ScottishDebtor46]

2010 she paid around £10K to the mortgage (she covered the monthly bill for a year). That was when I had a mortgage on the previous house. I sold it a year ago and moved into the new one with no mortgage. Her name wasn't on old title deeds and isn't on the new house title deeds either.

 

We have literally no joint accounts of any sort.

 

Brian.

[Stigman]

As long as your Wife did not have any issues with HMRC at that time (i.e. So that the Official Receiver cannot say that your Wife should have reduced the Mortgage payments to consider paying HMRC).

 

Also, none of the above is not covered on the 6.28 (Statement of Affairs).

 

This might come up when the Official Receiver interviews your Wife.

 

Depending on your Wife's financial affairs and the complexity the Official Receiver may wish to interview your Wife by telephone, standard telephone interview techniques apply, answer all questions honestly, do not babble (this could then lead to the OR asking further questions), may be long periods of silence, this is while they are writing taking notes so stay quiet until they speak.

 

Stigman

[maroondevo52]

Hi,

 

I don't know for sure but very much doubt there's anything anyone can do with your house if your wife's name's not on the title deeds.

[ScottishDebtor46]

If we can afford to pay £200 a month to HMRC, are they likely to accept that against debts of £20k?

[AndyOrch]

Just over 8 years to clear it...seems acceptable to me.

 

Andy

[IdaInFife]

I am afraid that the trustee will look at your wifes interest in the house. Even if she is not on the mortgage or deeds she will be deemed as having an interest as she will have at some point contributed in this as a beneficial interest.