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Posted: Wed Dec 17, 2008 9:07 pm
by ted05
i have got about £23000 of debt i am unlikely to pay it back as i am retired wilth ill health would my wife who owns her house in her name be liable! for my debt they are in my name and unsecured

Posted: Wed Dec 17, 2008 9:09 pm
by Adam Davies
Hi and welcome
The short answer is no, she wll not be liable.
Have you contributed to the mortgage in any way and acquired a beneficial interest in the house ?
Regards

Posted: Wed Dec 17, 2008 9:10 pm
by kallis3
Your debts are yours if they are in your name. If you died before they were paid off, they would go into the estate and would be settled before any beneficiaries got any money.

Posted: Wed Dec 17, 2008 9:30 pm
by liberta
Hi as the others say if they are in your name then it is you that is liable for them and no one else.

Andy quite rightly points out that if you have contributed to the mortgage or the upkeep or any renovations to your home you may have a beneficial interest in the property. This would only come into question if you were to be made bankrupt. This may happen if you petitioned yourself or if you were to be made bankrupt by one of your creditors either now or following your death.

The presumption would be that the property was your wife's, however the Trustee in Bankruptcy would investigate whether or not you had a beneficial interest in the property. If you have an agreement that the property is hers and there is no intention that you acquire any interest in the property then it will be hard for a Trustee in Bankruptcy to attack the property. If however you have contributed to the upkeep of the property, the mortgage or any improvements to it, then it could be found that you do in fact you have an interest. This could only be decided by the Court which will also decide the extent of that interest.