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Providing any mortgage is being paid, other than a court order is there anyway that a person named on the mortgage and deeds can force or cause sale of property by ex partner who is also named on deeds and mortgage. What would happen if they were declared bankrupt on unsecured loans for instance? Would creditors be able to come after the equity?
What would happen if they were declared bankrupt on unsecured loans for instance? Would creditors be able to come after the equity?
Theoretically yes. It does depend upon the creditors and the value of debt though and is normally a last resort as it's not the best method to use by them.
Er Dickboy this is definitely one for getting decent legal advice. TiVo era several areas of law, and do you need to tread carefully.
thanks - just a hypothetical question relating to decision or not to pay off exorbitant 2nd charge mortgage on partners house whilst mortgage & deeds are still in her & ex's names, looks like only way to force a sale would be through the courts which would be reasonably unlikely. Going to see financial adviser to see if we can buy him out fully but not expecting positive outcome.