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Posted: Wed Jan 19, 2011 11:53 am
by Sue.03
my house is in my husbands name, I have no assets in my name, will I still be eligable for IVA or would bancrupcy be a better option

Posted: Wed Jan 19, 2011 11:57 am
by Andrew Bowers
Hi Sue

Yes you can do an IVA if you don't have any assets and meet other criteria.

You need to speak to an advisor who will make an assessment of your current financial situation and inform you of the pros and cons of each option. You can then choose which route to take.

Regards
Andrew Bowers
Licensed Insolvency Practitioner

Posted: Wed Jan 19, 2011 11:58 am
by Michael Peoples
It depends on a number of things before anyone could recommend bankruptcy or IVA and while personal assets are relevant there are other considerations. Even though the house may be in your husband's name it is possible that you have acquired an interest in it and this depends on a number of factors.

You should take some free advice from an IP firm before you decide what to do as it could be a mistake to just petition.

Posted: Wed Jan 19, 2011 11:58 am
by kallis3
Hi and welcome.

You can do an IVA with no assets, but you do need to seek professional advice.

Visit www.iva.com for a list of companies and reviews and give one or two a ring for free and impartial advice as to all the options open to you and the best way forward for your circumstances.

Posted: Wed Jan 19, 2011 11:59 am
by liamjames
Hi Sue,

As long as you can propose a reasonable dividend over a fixed period of payments, an IVA could be an option for you. However, if you have no assets then you should look into bankruptcy as an alternative and get some professional advice on how it would affect you.

Any insolvency practice should give you this initial advice for free, and they are required to discuss all of your options in full.

Posted: Wed Jan 19, 2011 12:24 pm
by MelanieGiles
Depending on how long you have been married, and the individual contributions you have both made to the household, it is possible that you may be perceived to have developed a financial interest in your husband's property. Does it have any equity at the moment?

In considering this, it may be sensible for both of you to avail of some specific legal advice in this regard, as once a bankruptcy order is made there may be no turning back and you then have to live with the consequences of that decision.

An insolvency practitioner would be able to discuss this and other debt solution options with you that may be more appropriate depending on your circumstances.

Posted: Wed Jan 19, 2011 12:29 pm
by Andrew Bowers
I agree with Melanie.

You should consider speaking to a licensed insolvency practitioner.