I divorced my husband 4 years ago. hewas ordered to pay a settlement of £40000 which he defaulted on three tines. the court then ordered him to vacate the marital home and return it to my possesion. he did this but I could not remove his name from the deeds or mortgage before he declared himself bankrupt. I was not aware of the £15000 bankruptcy order until I took possesion of the house. Now the trustee in bankruptcy is demanding that the house is sold so they can recover his dept. I have had no information of his depts but I have a court order for him to pay me £40000 and consider my self the main creditor. The trustee has now after 6 months of silence wrote to me to give me 2 weeks to pay his dept or they will apply to the court to repossess the house & sell it to recover hi dept.
I did on a phone call to the trustee offer to pay his depy monthly but they rejected this.
Yourquestion: Am I responsible for this dept and if so should I offer to pay off his dept monthly as I have a limited income & need to try & keep the house?
Would the bankruptcy trustee be allowed to take the house?
Answer: Just to clarify, you are not being asked to pay your ex's debt, the Trustee wants your ex's portion of any equity in the property, which is jointly owned. They are giving you the opportunity to pay this amount to preserve the property from sale. If you cannot do this, they could force the sale of the house.
You may want to seek legal advice due to the settlement and his going bankrupt.