iva s and divorce

[jayne]

I got an IVA following my marriage break up. My name is the only one on the mortgage and whilst my ex husband made some contributions to the house these were minimal. In fact my some of my debt was accrued during the marriage because my ex husband was in and out of work and i consistently carried us financially. I informed my IP at the time that I did not know whether my husband would try to get some money from the house and I still dont know whether he will - he has made comments from time to time thta he feels he has a financial interest in the house - which i completely disagree with because of the financial carrying i have done throughout the marriage. My IP felt that if he did challenge that he would probably not stand much chance she felt that given the levelof my debt it was clear that some of this was marital debt even though it was in my name. Has anyone ever had this experience?

[rawly]

Hi, I dont have an IVA but I too carried an ex partner financially (Ithink he paid the council tax !!!) When he left.. I sought legal advice and was told that unless he had improved/enhanced the house (ie built a conservatory,paid to have uPVC windows in - yu get the jist) he was entitled to nothing... if he had improved the house then he MAY be entitled to the value of the improvement ie if the house without the conservatory was worth say, £250,000 and with the conservatory £265,000 he may be entitled to the £15,000 !!! hope this helps. You dont say if you have children if you do I have found Gingerbread to be absolutely amazing..... they have a website and a freephone number... I would recommend them...good luck

[iva experts]

This is a legal issue and as such hard to give a definitive answer. It is not 100% accurate that someone will only have an entitlement to a share of a property if they have improved it. The best thing to do would be to seek legal advice on the matter so that you know exactly where you stand.

Hope this information is of use

Regards. IVA Experts

[jayne]

thanks for those replies i guess when it comes to the divorce it will be sorted out then prob is legal advice is expensive so im going to bide my time for now.Do you think its best to divorce during an iva or wait till its finished.

I dont have children Rawly but thanks anyway

[iva experts]

I would suggest that you seek some free advice from the Citizens Advice Beareau on the matter

Hope this information is of use

Regards. IVA Experts