Would an IVA make me use equity even though my partner is not in the agreement ?

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Beryl.01

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Post by Beryl.01 » Tue Feb 09, 2016 7:55 pm
I have equity in a home with my partner, but my debts are entirely mine and nothing to do with my partner. Would an IVA make me use the equity in the house even though my partner is not in agreement
 
 

Foggy

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Post by Foggy » Tue Feb 09, 2016 8:15 pm
They would expect you to attempt to realise a percentage of your share of the equity, as this is an asset of yours.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

lifenoteasy

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Post by lifenoteasy » Tue Feb 09, 2016 8:16 pm
First of all an iva would create a situation where you are constrained in what you can do whilst your partner may not be.

You also have to be careful to choose a firm that does not take whole of household income into account.

The equity situation should be discussed at the early stages with it made clear that your partner would not agree to equity release.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Lisa Thomas

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Post by Lisa Thomas » Wed Feb 10, 2016 1:40 pm
Hi Usually you get to keep your home in an IVA, depending on the proposals. Your partners equitable interest should not form part of the IVA.

However if the IVA was rejected or failed then you and your partner could be at risk of losing your home (eg if Bankruptcy were to happen)

Your chosen IP should be able to explain all this in detail so you understand how it all works.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Lisa Thomas

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Post by Lisa Thomas » Wed Feb 10, 2016 1:40 pm
As an added thought is your partner in a position to buy out your interest in the property? You could use the funds to settle your creditors...
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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