www.iva.co.uk

Inthe process of talking with IP things looking ok then the ex starts moaning.
Ex still living in home mort in joint names. Am in DMP in joint names at present, if I wanted to sell house how could I do it if she won't sign/agree to sale. Also if she did would present debt be split ie mine are mine and hers are hers.

Thanks

Hi Again Stickman,

Although you are in a Joint DMP if you were to seperate you would not be liable for any of her debts and vice versa.

If you have any debts were you are jointly liable for then you will become liable for the full amount (not just half) but as would she and they only stop persuing you both when the debt has either been paid in full by you or her or your liablity was included into an IVA.

As far as forcing her to sell the property i cant help on this on as this is a grey area for me.

Have you spoken to your ex with regards to the property, what are her feelings with regards to the future and the property? Is she wanting to remain in it?

If she insists that she will not allow a remortgage, which if you go ahead with an IVA there will most probably be a clause for year 4 for you to realise a proportion of your share, then this could result in your IVA failing at that time.

If however, you are not living in this property and are quite happy for this to be sold, you could force her hand and threaten to petition for your own bankruptcy. In bankruptcy, if she wanted to keep the property and safeguard this, she would need to buy your beneficial interest.