Page 1 of 1

Posted: Sun Jun 10, 2007 10:53 am
by rob.m
My stepfather has been separated from his wife for 25 years - but he's never divorced. The house in still in joint names but he hasnt paid toward it during this time. He is concerned that his "wife" may be forced into selling her home or having a debt against it if he gets an IVA.
They havent lived together for those 25 years - he has been living with someone else, but they have no assets. His current partner (my mother) has only recently discovered the debt and is insisting he gets a divorce as the first step in sorting this mess out - but there wouldnt be any proceeds from the divorce (no share of house).

Posted: Sun Jun 10, 2007 11:42 am
by MelanieGiles
Hi robm and welcome to the forum

If you are still a part owner of a property when you propose an IVA to your creditors, then you must disclose your interest.

I think you ought to now sort out your matrimonial affairs - to include a split of the property - before considering an IVA. Solicitors will help you and your come to a decision as to your share of the property - in which you are likely to have retained an interest although it could be argued to be a small one.

Do make sure that your solicitor is made aware of your overall financial position.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk