separation and bankruptcy

[helix]

I cannot pay off my debts. I am separated from my husband who has custody of our children. He lives in our joint home and pays the mortgage. I pay csa. Can the home be sold if I go bankrupt, so that my debts can be paid. I worry about my children

[seatrout]

If you become bankrupt the trustee in bankruptcy will in effect take over all of your assets - this includes your interest in the former matrimonial home. Usually the trustee will allow time for your husband to try and raise the money to buy out the value of your share. If he cannot do this then the trustee is likely to apply for the property to be sold. I'm afraid that considerations such as your children is not a factor that can be taken into account

[shomer42]

I agree with Seatrout, although now the trustee if he knows children are present in the home cannot seek possession of the property for the first 12 months of his appointment.

I recommend you discuss this with your husband and see if he can buy your equity. Alternatively anyone else can buy your equity, it does not need to be your husband.

Find the Bankruptcy Advisory Service and ask for help.

[Whickerman]

I must be in a grouchy mood, but as far as I can see, you're thinking of making your kids homeless so you can get out of paying off your storecards/credit cards etc. Shame on you.