My ex and I bought a house together 18 months ago.
After having our first child last year he was made redundant and I had to give up work when i found out i was pregnant again.
We split shortly after this and since splitting i have been seeking advice from CAB regarding the mortgage and all the other debts that are in my name only.
Whilst, most of the companies have accepted a reduced amount per month for the short term, I am worried sick about having to deal with theses debts (approx 20k) when I go back to work.
I am receiving benefits but no child maintanance from my ex. I'm living in the house but can not afford the running of it. I want to move back to my parents but can not sell the house due to being in negative equity (approx 5-10k) and can not rent it out as the rent would not cover the mortgage repayments and we are in arrears with the mortgage company. The interest of the mortgage is currently being paid through the DSS and i feel as if i am in a no win situation.
If i declare myself bankrupt can i just hand the keys back to mortgage company/will they repossess the house and will I be able to walk away without worrying about all the fees/arrears. Would my ex have to declare himself bankrupt?
If you allow the house to be repossessed and/or just hand the keys back, the outcome is the same; the property is sold and if there is a shortfall, you both are responsible for this shortfall.
The shortfall can be included in bankruptcy along with all your other debts.
If one of you goes bankrupt, the other is fully responsible for any joint debts, so if they cannot afford to repay the debts, they may need to go bankrupt as well.
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