What happens if I had to remortgage jointly owned house at end of IVA ?

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legs

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Post by legs » Thu Oct 18, 2012 12:58 pm
if i had to remortgage at end of iva, would this mean my ex partner would then owe half of it Because house is jointly owned, or would i just remortgage on my half.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Oct 18, 2012 1:13 pm
Any remortgage would have to be agreed by your ex partner at the beginning and would only involve a calculation of your share of the equity. It may be better to offer a six year IVA at the beginning and exclude the property to avoid unpleasantness later on. Speak to your IP about this option.
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

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Post by MelanieGiles » Thu Oct 18, 2012 8:58 pm
If you do have to remortgage a joint property, and only one of you is in an IVA, then the money raised is set against the insolvent parties remaining equity share, thus not affecting the share of the solvent partner. Commonly referred to as the "Equity of Exoneration".
Regards, Melanie Giles, Insolvency Practitioner
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