My husband is not a joint mortgage holder. What right to equity does he have if I have an IVA .

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Deb.26

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Post by Deb.26 » Wed Oct 01, 2014 12:46 pm
Mu husband is not a joint mortgage holder. I wish to apply for an IVA - what right does he have to any equity in the house?
 
 

Foggy

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Post by Foggy » Wed Oct 01, 2014 12:52 pm
If he is not on the mortgage, I assume he is not on the title deeds either, making you the sole owner. In these cases any equity he might have would have to be assessed by the courts ( if and when required ) with reference to his beneficial occupation. This is not really a matter for an IP to decide, so I would assume, equity will be deemed to be all yours for the purposes of an IVA.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

mole

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Post by mole » Wed Oct 01, 2014 5:15 pm
I would disagree with that Foggy, I would say if they are married and they purchased the house whilst they married (i.e. it did not belong to you before you married). They the equity ownership is still 50/50
 
 

Foggy

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Post by Foggy » Wed Oct 01, 2014 6:17 pm
Not on paper, Mole, which is why a court would have to rule.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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