Ex-wife, bankruptcy and divorce

G

Gringo2024

New Member
Messages
6
Hi,

I'm stuck between a rock and a hard place and solicitors are not helping.

Basically my ex-wife and I split up in 2010. I left the house we both owned and went into rented accommodation. She stayed and then left the house in 2019 after living there with her boyfriend who she now lives with.

She is claiming she is paying high rent and they left the mortgage in 47k arrears, Then she went bankrupt and then I was left with the debt so I had to go insolvent.

Then I was in the High Court to get her share of the property off the ISI which was granted and the house was transferred into my sole name. Once this was done the bank removed her name from the mortgage.

We have 2 kids together now aged 22 and 16 and now the divorce is running again for the 6th time. I'm now worried as I'm now going into a divorce with full ownership of a property and I fear it will be sold and split 50/50. I have spent the last 5 years going through insolvency. Maybe someone can shed some light on the subject.

Thanks in advance
 
Hi Gringo,

Welcome to AAM.

It was absolutely impossible to understand and follow your post because it comprised 7 lines which were made up of one sentence.

To help you and enable you to get some satisfactory replies I have added sentence breaks and paragraphs. Please be mindful for future posts that this will be necessary in line with Posting Guideline 19.

Hope that you get the advice that you need.
 
Thanks a million
 
Gringo2024 said:
I'm now worried as I'm now going into a divorce with full ownership of a property and I fear it will be sold and split 50/50. I have spent the last 5 years going through insolvency. Maybe someone can shed some light on the subject.
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I'm surprised that your solicitor seemingly can't give an opinion. Or maybe they have done but you just don't like what they're saying? Based on my own experience/knowledge, what you outline is a possibility but it's very difficult to say what the chances of it happening are. It's always a bit of a lottery leaving it to the court/judge to decide matters. And they don't generally want to do that and will strongly encourage both parties to come to their own mutual agreement that the court can "rubber stamp". But sometimes that's easier said than done and ultimately doesn't happen. Maybe when one or both parties feel that they haven't much to lose by taking a chance on the judge/court or when things are simply too adversarial and fractious to come to any agreement. You really need to thrash this out with your solicitor and ideally try to keep some control over the process by trying to come to some mutual agreement with the other side. Good luck!
 
Hi Clubman,

Thanks for the reply. The ISI offered her half of the house back to her on 2 or 3 occasions after the bankruptcy and she declined so then I went to the High Court to get it back from the ISI now the solicitor is say at the beginning of the divorce in 2018 I had half a house and now I have full ownership of it so the question is that is the house in the pot or not?
 
Gringo2024 said:
so the question is that is the house in the pot or not
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As far as I know all assets owned by each spouse are considered as part of a separation/divorce process. I'm not aware of any rules that allow anything to be ring-fenced from this. I presume that it went on your affidavit of means?


What is your solicitor advising on this and, more generally, on how to approach the process? Although I understand if you can't/don't want to go into too much detail here...

BTW - no offence, but, as @Sue Ellen already mentioned, you need to try to structure/punctuate your posts reasonably for legibility otherwise it's difficult for others to understand them and they may be in breach of the posting guidelines.
 
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Insolvency service of Ireland she went bankrupt and left the mortgage in 47k arrears she left the house and then i was left to sort it all out so I had to go insolvent
 
Gringo2024 said:
Insolvency service of Ireland she went bankrupt and left the mortgage in 47k arrears she left the house and then i was left to sort it all out so I had to go insolvent
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Be that as it may, the property in question is now your asset and presumably part of your affidavit of means so "in play" as part of the divorce. Whatever about any comments that you might get here or elsewhere you really need to go by your solicitor's advice in this matter. If you are not happy with them then consider changing solicitors.
 
Then the isi held her 50% share of the house and I had to go to the high court to get an order for the isi to give me her 50% share which they held
ClubMan said:
Be that as it may, the property in question is now your asset and presumably part of your affidavit of means so "in play" as part of the divorce.
Click to expand...
 
Gringo2024 said:
Then the isi held her 50% share of the house and I had to go to the high court to get an order for the isi to give me her 50% share which they held
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I know, you said this in your original post but it's largely irrelevant to the divorce situation as far as I know, unless your solicitor has told you otherwise? I'll ask again, did your solicitor tell you to put the property on your affidavit of means? If so then it's part of the assets that will be considered as part of the divorce process.
 
How is the house an asset if its involved in a negative equity personal insolvency arrangement and has a full mortgage on it that I pay after the other person disappeared and went bankrupt the bank even removed her name from the mortgage after I obtained the section 61 (4) order in the high court
 
Gringo2024 said:
How is the house an asset
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Because it's an asset, in your name.
You list assets and liabilities on your affidavit of means.
So if there's a mortgage on the property you list that as well as the property valuation.
As I've said several times, you really need to talk to your solicitor.
 
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