bubble
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Registered: 24th Jan 04
Location: Darwin, NT Australia.
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hi.
simple question. if a husband and wife live together, in a house worth £250k, but the wife only owns the house, ie in her name, can that house be reposessed for something that is in the husbands name?
for example, if the husband owed £125k to creditors, can they reposess HER house or not as its not the husbands property?
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lostboy
Banned
Registered: 29th Jan 09
Location: Durham
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What have you done? I would like to say no, but I'm not 100% sure.
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chloe16v
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Registered: 29th Nov 07
Location: Rotherham
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pay your debt bubble and stop dragging your wife down 
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
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lol, it was a question that got asked today when we heard summat on the radio. got about 20 of us in a debate!
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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My guess would be that it's the marital home, not hers. Therefore it is collateral against any liability by its owners.
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bubble
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Registered: 24th Jan 04
Location: Darwin, NT Australia.
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what if the wife was a registered carer for the husband? can the house still be sold for its asset value?
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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Not sure if that changes anything.
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Ste
Premium Member
Registered: 5th Mar 03
Location: Taif, Saudi Arabia
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http://www.citizensadvice.org.uk/
I would rather lose by a mile because i built my own car, than win by an inch because someone else built it for me.
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Joe
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Registered: 20th Jun 04
Location: Hesketh Bank, Lancashire
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I'd sell it and buy a Lambo.
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lostboy
Banned
Registered: 29th Jan 09
Location: Durham
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quote:
Originally posted by Joe
I'd sell it and buy a Lambo.
That's actually a good idea!
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ChazSXi
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Registered: 26th Jan 03
Location: Waterlooville, Hampshire
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his debt should not be an onus on her no
if the house and land reg is in her name only then no they cannot...unless he used the house as security with her consent
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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its a tough one to call.
Firstly was the house down as security?
I know when a (married or long time cohab) couple divorce/split, even if the house is only in one name, it can be equally split as lomg as either party can show they contributed to the upkeep.
Id imagine something like that ruling could be used in this case.
Personally though, I think it will come down to the security on the loan.
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bubble
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Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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quote:
Originally posted by Cosmo
its a tough one to call.
Firstly was the house down as security?
I know when a (married or long time cohab) couple divorce/split, even if the house is only in one name, it can be equally split as lomg as either party can show they contributed to the upkeep.
Id imagine something like that ruling could be used in this case.
Personally though, I think it will come down to the security on the loan.
what if it wasnt a loan? if the guy got fined £150k for summat? no loans, no mortgage nothing. just a fine he couldnt afford to pay?
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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quote:
Originally posted by bubble
quote:
Originally posted by Cosmo
its a tough one to call.
Firstly was the house down as security?
I know when a (married or long time cohab) couple divorce/split, even if the house is only in one name, it can be equally split as lomg as either party can show they contributed to the upkeep.
Id imagine something like that ruling could be used in this case.
Personally though, I think it will come down to the security on the loan.
what if it wasnt a loan? if the guy got fined £150k for summat? no loans, no mortgage nothing. just a fine he couldnt afford to pay?
imo no - unless they could prove he contributed to the household, even then I dont know if the law works in that way in that situation.
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bubble
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Registered: 24th Jan 04
Location: Darwin, NT Australia.
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ok cheers!
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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Co-hab is the issue. He has claim on the house if he's contributed to it. Never seen it that way around but I'm sure if a bird moves in to your house and buys some washing powder or something she gets half of it. The law is a bit pissed but it'll be the opposite of what is desirably in this case I would imagine.
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DizzyRebel
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Registered: 2nd Jan 09
Location: Lincoln
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No, its the same as kids living with their parents in debt.... the debt colectors cant take a single item from the property or the property itself. The debt lies with the person, not the homeowner, although the debt, if unsettled would eventually black list that address meaning no occupants would be able to attain credit.
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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quote:
Originally posted by DizzyRebel
No, its the same as kids living with their parents in debt.... the debt colectors cant take a single item from the property or the property itself. The debt lies with the person, not the homeowner, although the debt, if unsettled would eventually black list that address meaning no occupants would be able to attain credit.
That may be true with debt collectors going the door, but through the courts Id think it would be seen a lot differently.
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Jules S
Premium Member
Registered: 24th Dec 03
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quote:
Originally posted by Ian
Co-hab is the issue. He has claim on the house if he's contributed to it. Never seen it that way around but I'm sure if a bird moves in to your house and buys some washing powder or something she gets half of it. The law is a bit pissed but it'll be the opposite of what is desirably in this case I would imagine.
I disagree with that.
If it goes to court the 'guest' living in the house will have to prove a pretty significant input to the running costs of the house to get any of the equity (if any) paying half the bills (not the mortgage) will just be deemed as running costs or rental for living in the property.
I tend to agree with Cosmo here, if it a secured debt on the house its a different matter...but in that instance the debt would have been secured against the deeds.
So its not a black and white case IMO...good question to ask.
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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I know in Scotland they have specific laws regarding cohab and separations that effectively make it similar to a divorce - even if they only contributed to running costs, etc.
Not sure the exact laws down here like, but think we have moved (through precedents set rather than actual laws) towards something similar.
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ed
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Registered: 10th Sep 03
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Court. Messy.
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