Bankrupt spousal rights

[Velvetee]

What are the legal implications these days for married couples, in regard to assets owned by either partner, before they entered into marriage?

For instance, if a couple married and then one partner was declared bankrupt, would the courts take into account the assets of their spouse. Therefore, the spouse having to sell their assets, gained prior to marriage, to pay off creditors of the Bankruptee?

[themas]

You don't say what type of asset you are concerned about. If it is things such as jewellery, valuable furniture or antiques, or savings/shares etc., then all of these are nothing to do with the Official Receiver if they were bought by the non-bankrupt partner (& this can be proved if queried) & are in the sole name of the non-bankrupt. They would simply not be put down on the bankrupt's "Statement of Affairs".

If you are concerned about the marital home, that could be a different matter. If it was bought by one party before marriage & entirely with that party's money (i.e. that person paid the deposit & all the mortgage both before & after the marriage) then it might be OK if it is still owned in the sole name of the non-bankrupt. However, it is possible that the bankrupt may have accrued a "beneficial interest" in the house even without making any payments towards it so the Official Receiver would look into this. Go to the Insolvency Service website - there are booklets on various aspects of bankruptcy, including one on the effect on houses.

[Velvetee]

Thanks Themas. I'm referring to property owned before the relationship ever began. If it was mine and then I married a man, who subsequently became bankrupt, would I be at risk of losing my properties?

[ummmm]

Is his name on the mortgage?

If not then - No.