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Posted: Sun Feb 15, 2009 6:24 pm
by hara33
I have an IVA and am due to sell my house and split from my partner. If there is any equity in the house would my creditors take this equity immediately or allow me and my ex to split the equity for a deposit in a new home. Without this we would be homeless. Thanks

Posted: Sun Feb 15, 2009 6:30 pm
by kallis3
If the house is yours, then I don't know whether or not you would be allowed to split the equity with your partner.

You need to speak to your IP once a sale is agreed and tell them that you need some of the equity as a deposit.

Posted: Sun Feb 15, 2009 8:18 pm
by David Mond
It depends what it says in your IVA Proposal as to what equity if any has to be paid into your IVA - check the clauses.

Posted: Sun Feb 15, 2009 8:33 pm
by MelanieGiles
Your IP could put a variation forward for you to retain sufficient money to rehouse yourselves. This would be the most sensible way forward.

Posted: Sun Feb 15, 2009 9:05 pm
by David Mond
I agree Melanie but it depends what was offered (if anything) in the first place and presumably the partner also signed up to same if there was to be equity release!

Posted: Sun Feb 15, 2009 9:13 pm
by kallis3
She doesn't say if the partner is in an IVA as well, or has their name on the mortgage.

Posted: Sun Feb 15, 2009 9:36 pm
by David Mond
I know but if only one of them is in an IVA and the property interest has to be known?

Posted: Sun Feb 15, 2009 9:42 pm
by MelanieGiles
Not really with you on this one David. A variation alters the terms of the original agreement, which is exactly what this poster needs due to her change in circumstances.

Posted: Sun Feb 15, 2009 9:44 pm
by David Mond
Sorry Mel, I want to know what it says in the posters IVA as to what happens to her equitable share of the property - then I would be able to advise what type of variation might be appropriate.