Restraint order on house

[Me1960]

Hello there, I’m not sure if this is the correct section so please feel free to direct me to another part! My friend and her husband fully own their home but her husband is involved in a court case related to fraud and as a result their home is under a restraint order and may be taken if he is found guilty. However, where does my friend stand in regards to this? She is not involved or named in the current court case and she is joint owner of the house alongside him so can the house still be taken if she part owns it and still resides there? It seems very unfair she should become homeless if things don’t go well as she is nothing to do with the court proceedings. She and her husband are now estranged but still living under the same roof until he can find somewhere else to stay. It’s tense in the very least. Someone suggested there’s a form she can fill in to protest against the house being removed as she owns 50% of it, does such a thing exist? She can’t afford legal help and doesn’t know what to do.

[echat11]

I believe there is no insolvency, but point 9A.35 does contain relevant information.
What you need to do is speak to a solicitor who specializes in criminal cases, to get some initial advice.

https://www.insolvencydirect.bis.gov...bank%20account.

[Me1960]

Thank you for your help with this, my friend is struggling financially and cant really afford a solicitor, there is over a year before the case really starts and she wants to try and get ahead of things if she can. I’ve been trying to help by pouring over downloadable court forms to see if there’s anything relevant about protecting her half of the house but so far nothing is coming up.

[echat11]

Thank you for your help with this, my friend is struggling financially and cant really afford a solicitor, there is over a year before the case really starts and she wants to try and get ahead of things if she can. I’ve been trying to help by pouring over downloadable court forms to see if there’s anything relevant about protecting her half of the house but so far nothing is coming up.

Your friend maybe entitled to Legal Aid, there is certain criteria to be met for Legal Aid.
I believe a solicitor fills in a questionnaire for entitlement to Legal Aid, failure to answer 'honestly' has consequences i.e. the person gets billed etc.

https://www.gov.uk/legal-aid/eligibility

[atticus]

your friend should collate all information and documents to demonstrate the extent of her share in the equity. She may then be able to negotiate in the event that a confiscation order is made in respect of the husband's assets.

[Me1960]

Thank you very much, I’ll look into this for her now.

Your friend maybe entitled to Legal Aid, there is certain criteria to be met for Legal Aid.
I believe a solicitor fills in a questionnaire for entitlement to Legal Aid, failure to answer 'honestly' has consequences i.e. the person gets billed etc.

https://www.gov.uk/legal-aid/eligibility

[Me1960]

thank you for your advice, I’ll let her know and maybe she could look into her bank account records as I think her wages paid the mortgage so maybe she will have evidence of a DD or Standing Order to show this. The courts already know she’s name is on the house deeds as they sent her a letter informing her the house is under a restraining order but apart from that I’m not sure what other evidence she could produce?

your friend should collate all information and documents to demonstrate the extent of her share in the equity. She may then be able to negotiate in the event that a confiscation order is made in respect of the husband's assets.

[atticus]

She knows what evidence she has. Contributions to purchase, mortgage, other payments... just keep thinking about it, things will come to mind.