Hello can someone tell me how this is going to pan out....hubby and i are divorced he left me and daughter back in dec 09 to go live with his 'new woman' since then he was paying mortgage and sec loan on property now he's stopped i can't afford to pay as i'm disabled and only have benefits for myself and daughter to live on...He is a undischarged bankrupt and i was discharged back in may this yr, the thing now is we're going to loose our home and have one month before the lenders take me (and hopefully him) to court, will they make me pay or will they go after him more as he's working, i've tried to sort things out but he won't have anything to do with me anymore and its me getting all the verbal from the lenders and callers....please help i need to know what the courts are going to say, i've heard he's under the impression he's not going to have anything to pay as he is a undischarged bankrupt, and i no i've got as much responsibilty as him to pay but i'm not going to have to pay all the debt...am i as they're in joint names ...
Given that you have both been made bankrupt, you need not worry about the unsecured creditors as theses debts were written off in the bankruptcy. With regard to your mortgage and secured loan, if these debts are not serviced moving forward, possession proceedings are likely to ensue over the property. The Court may determine an amount that your husband should pay towards this, and I hope it does if he can afford to contribute. I assume that the is paying child maintenance to you for your daughter?
The debts on the property fall into your BR so you won't have anything to pay. Being as you are disabled the courts might sanction a longer period of time before your house is reposessed but it might be worth while seeing your local authority housing office asap with regards to securing somewhere suitable to live.
