Halfway with my IVA, now separating from husband and returning to my homeland

Get expert opinion. This is the place for new questions to be posted.
12 posts Page 1 of 1
 
 

Jadey81

User avatar
Posts: 13
Joined: Mon May 28, 2012 6:35 pm
Location: United Kingdom

Post by Jadey81 » Tue May 29, 2012 9:30 am
I'm halfway with IVA payments, just returned to work after 9 months off maternity leave. Now my husband and I seperated as our marriage is not working. Husband going to keep the house and I'm signing the deeds over to him as he's been paying all the mortgage over the last 4 years. I get the house contents. I'll be relocation back to my homeland to be with my family for support. Then I'll be on benefits and housed with council. Will i have to continue with IVA or have to be bankrupt? I don't want my ex husband involved with my debts as it's in my own maiden name before I got married
jlmote
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue May 29, 2012 9:57 am
These are serious changes of circumstances and you will need to speak to your IP. You cannot sign over your assets while in an IVA but a variation may be possible to sever the IVAs or let your husband continue making the payments in return for the assets.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

artemischild

User avatar
Posts: 852
Joined: Tue Jun 01, 2010 11:04 am
Location: United Kingdom

Post by artemischild » Tue May 29, 2012 10:16 am
As michael says you need to speak with your IP, no assests can just be moved or signed over as agreed with the IVA.
IVA completion and certificate received 08/10/2012!!!
 
 

Jadey81

User avatar
Posts: 13
Joined: Mon May 28, 2012 6:35 pm
Location: United Kingdom

Post by Jadey81 » Tue May 29, 2012 12:06 pm
I've spoken to my IP, regarding the house. I have to provide mortgage statement and write a letter to IP of what i'm proposal for my IVA and my husband to get the house. What will happen after they have look into and suggesting next?
jlmote
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue May 29, 2012 12:24 pm
It may depend on how much equity in the property. The IVAs could be severred and yours closed down or they could continue on. Your IP should be able to provide clarification.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Jadey81

User avatar
Posts: 13
Joined: Mon May 28, 2012 6:35 pm
Location: United Kingdom

Post by Jadey81 » Tue May 29, 2012 12:32 pm
the house is in negative equity
jlmote
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue May 29, 2012 1:02 pm
Then there is no problem with the transfer it is now down to the IP what they recommend for the IVAs.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed May 30, 2012 12:05 am
I'm reading this post as if her husband is not actually in an IVA. Is this correct Jadey?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Jadey81

User avatar
Posts: 13
Joined: Mon May 28, 2012 6:35 pm
Location: United Kingdom

Post by Jadey81 » Wed May 30, 2012 8:23 am
Yes, the IVA is in my maiden name before i married
jlmote
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed May 30, 2012 1:48 pm
Are you going to be able to afford your IVA payments, once you have relocated Jadey. If not, how much are you currently paying and how much do you feel you would afford to pay? It may be possible to save the IVA through variation, but you are better off speaking to your own IP about the specifics and possibilities of this.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Jadey81

User avatar
Posts: 13
Joined: Mon May 28, 2012 6:35 pm
Location: United Kingdom

Post by Jadey81 » Wed May 30, 2012 7:01 pm
I've spoken to my ip and will try to keep the iva going even when i've moved area.
jlmote
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed May 30, 2012 7:17 pm
Best of luck with that Jadey - even if you cannot afford the contractual level of payments, then it is entirely possible to put forward a variation to reduce the payments to a more affordable level given your change of circumstances.
Regards, Melanie Giles, Insolvency Practitioner
12 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”