My ex is considering an IVA. Can his creditors pursue me ? The house was transferred to me.

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G57

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Post by G57 » Tue Oct 11, 2016 9:28 pm
My husband ran up lots of debt and we divorced he is now considering an IVA - the house was transferred to my name and the mortgage at our divorce can his creditors now pursue me or chase me if he enters into an IVA ? - he is in a debt management plan at present...
 
 

kallis3

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Post by kallis3 » Tue Oct 11, 2016 9:33 pm
Hi and welcome

If the house is yours now then I don't think he can chase you, but hopefully someone else can come along to assist.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Foggy

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Post by Foggy » Wed Oct 12, 2016 7:59 am
As Kallis says, if the house and mortgage are now solely in your name there should be no call on the property by his IP or creditors, providing none were secured on the property or are joint loans.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Wed Oct 12, 2016 8:50 am
If the property was transferred as part of a divorce settlement it may be difficult to overturn. However if there is substantial equity a trustee in bankruptcy could argue the transfer was done in order to put the asset beyond the reach of creditors. For this reason it might need to be disclosed in his IVA so creditors are aware of the full story.

It is unlikely that creditors would seek bankruptcy in order to challenge the transfer but better to disclose it anyway.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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