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I am writing on behalf of my sister as she is a technophobe. Her husband has run up debts and increased their mortgage without her knowledge. The Citizen's Advice Bureau has advised her to get a solicitor, but of course this will cost a lot of money that she doesn't have. Any advice please

Is the mortgage in his name only ??

Are the debts joint or in his name only....

What outcome is your sister looking for ?? ie divorce, debts to go away ??

Hi maryd and welcome to the forum, is this a joint mortgage?

If so a solicitor is definitely in order, if he remortgaged without your sisters knowledge.

Legal aid maybe available and worth enquiring about…


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Hi Mary,

If your sister is looking for an Insolvency Practitioner to advise on her situation take a look at our web site. We maintain a list of IPS and their firms and publish reviews of their services that have been posted by their clients.

Good luck in finding a suitable solution.

Kind regards,
Terry Balfour
IVA.com

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Thank you for replies. It is a joint mortgage. Loan against mortgage of £50,000, I think. He asked her to take out a £10,000 loan, in her name, he would repay it. He has numerous loans in his name. He has asked her to sign papers saying it was to do with the business, therefore, she is worried there may be more loans in her name, and this is probably how he remortgaged. Outstanding tax bills and parking fines. I think she is looking at a divorce, but really wants to keep a roof over the children's heads.

Hi Mary

When you say a loan against the mortgage, do you mean a secured loan? And your sister would have had to agreed to that loan and any remortgage, given that she is a joint owner of the property. Are you suggesting that some form of fraud may have been committed?

If this is the case, she should seek legal advice as to her position with reagard to the family home and her liability towards any debts.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Yes it is a secured loan. She agreed to that loan because it was for the business. However, she did not knowingly sign to remortgage the house. Despite everything she does not want her husband to get into trouble for fraud or suchlike.

Under insolvency proceedings, your sister will probably be able to argue that the secured loan should be set against her husband's share of the equity, so long as she did not receive any benefit from his business.

Specialist legal advice is now essential in my opinon.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
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Her husband is now considering a consolidated loan, would this be wise and how could he find the right company?

What does he intend to do with the money raised, and is your sister going to agree to this further erosion of ber equity?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp