Selling house before equity year ?

Get expert opinion. This is the place for new questions to be posted.
5 posts Page 1 of 1
 
 

neilo1978

User avatar
Posts: 11
Joined: Tue Oct 05, 2010 2:35 pm
Location:

Post by neilo1978 » Tue Oct 05, 2010 3:17 pm
Hi,

I am just about to finish the first year of my IVA. I would just like to know how things would work if I sold my property (I currently rent, and let out the property that I own) soon.

I know that I need to release equity in year 4, but am not sure how things would work if I sold before then.

In an ideal world, I would sell and use the equity to finish my IVA early. Would this be possible. The equity and debt are *roughly* the same (depending on how much my property would actually sell for).

Thanks in advance.
In the depth of winter I finally learned that there was in me an invincible summer.
-- Albert Camus
 
 

liamjames

User avatar
Posts: 734
Joined: Mon Jul 27, 2009 9:58 am
Location:

Post by liamjames » Tue Oct 05, 2010 3:20 pm
Hi Neilo1978 and welcome!

If the house is included in the IVA you *must* discuss this with your IP. There is probably a restriction placed on the property which would prevent you from selling it anyway.

If you are somehow unable to make your monthly contributions then your creditors may allow you to sell early and use this money to settle the IVA, but your IP will advise you on how likely this is.
Take care,

Liam James
Varden Nuttall
http://www.vardennuttall.co.uk

Read our reviews here: http://www.iva.com/iva_companies/Varden_Nuttall.asp
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue Oct 05, 2010 3:44 pm
If you still have a surplus creditors would expect your IVA to continue for the remainder of the five year period unless the debts and costs were cleared in full. However, bear in mind any liability to capital gains tax when you do sell otherwise you could end up with a discharged IVA and a nasty tax bill.
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
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed Oct 06, 2010 1:20 am
This would probably need the express sanction of creditors at a creditors meeting.
Regards, Melanie Giles, Insolvency Practitioner
 
 

neilo1978

User avatar
Posts: 11
Joined: Tue Oct 05, 2010 2:35 pm
Location:

Post by neilo1978 » Fri Oct 08, 2010 8:33 am
Thanks very much for the replies. I'll get it valued and then speak to my IP.
In the depth of winter I finally learned that there was in me an invincible summer.
-- Albert Camus
5 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”