i have borrowed monies from our jointly owned house for various business purposes (my wife has counter signed ) but not been involved in projects could we count monies drawn as my share of equity already drawn in the event of iva/ bankruptcy with remaing equity belowing to my wife who will not enter iva
If you have proof that your wife has not benefitted from the additional borrowings taken out - ie she has not enjoyed the salary your business has been able to pay you as a result of the injection of this working capital, then you may be able to argue that this should be set against your share of the equity.
This is a fairly complex area, and you would be well advised to take advice from either an insolvency practitioner or lawyer in the first instance.
