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Getting Divorced and soon to be Ex made Bankrupt by HMRC

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  • Getting Divorced and soon to be Ex made Bankrupt by HMRC

    Hello
    I am hoping some one can give some advise.
    I am currently going through a really nasty messy divorce, i filed and had to get papers served as he was ignoring everything.
    Filled for Divorce September 2019.papers served May 2020.
    First Divorce court hearing 22 June. My solicitor advised me 2 weeks prior to my hearing after receiving the first correspondence from His solicitor that HMRC were taking him to court for Bankruptcy. He wanted to Adjourn my divorce hearing on 22nd July as he had a HMRC hearing 28th July, i said no, his HMCR hearing was adjourned. I was advised by my solicitor the HMRC had started the bankruptcy a year earlier in June 2019, I had no idea a we weren't talking.
    Nothing agreed at first hearing, was due to have second hearing in October 2020, the ex got it moved to December, as ex had HMRC hearing in October. His HMRC hearing was adjourned.
    Second Divorce hearing 2nd of December, day before he offered me half the house equity. When he sold his unit IF ther was any money left he would split it.. (There wouldn't be any left) he would retain all his assets worth 400k. 2 x race cars, classic bikes, classic cars, vans, unit. etc. He has denied having these vehicles, advising sold or scrap value, been in an accident worth scrap, no MOT in bits its a project, sold etc. i said no to this offer.
    Third and final Divorce hearing made for 2 days in May 2021.
    Ex had 7th HMRC hearing 13th January, he didn't turn up so it was adjourned to The 10th February. My step dad found ex on the government Bankruptcy list on Monday 16th February. Ex hasn't told me and doesn't know i know about it.
    He is trading as so our house is at risk, we are joint owners. Its worth 475k Mortgage owed is 83K. He has a unit worth 120k. His HMRC debt is approx., 180k his personal debt is approx. 80-100k.
    We agreed to sell the house I was already to go and had signed the estate agents contract and was awaiting him to sign it to. When i found out he was bankrupt. So the sale is now on hold. i will add he has always paid the mortgages over the 28 years. February 2020 he threw his toys out the pram cancelled the DD for the mortgage. When i found out he told me it was my turn to pay it for a change. I cant afford to pick that up its too much money £950 a month with me paying council tax the bills food my personal stuff etc, we have 1 daughter whos 13. he wont move out despite being asked to eave twice by my solicitor. He is now living here for free. So we have gone through the whole lock down under the same roof.
    The mortgage has been paid for 1 year now, i have kept the mortgage company fully informed the whole time. We are getting ever closer to repossession.
    My solicitor has written to the court to ask for an urgent hearing, but she not holding any hope to get one. She is also going to try and speak to my barrister booked for May. She wants to see what they can try and do in order to get an agreement from the HMRC for mea to deal with assets and repay the debt. That would also include trying to salvage the sale of the unit and also utilizing the ex's share of the proceeds of the house sale.
    Does anyone have any experience in this area. What happens now how long does i take. Doe his trustee contact me.
    This limbo is so stressful.
    i will also add he doesn't care about me and would be happy to see me in the gutter with nothing is he could.
    any advise would get greatly appreciated

    Sorry to waffle Thanks in advance
    Tags: None

  • #2
    What a mess, I feel for you. You really need these answers from your solicitor thats what your paying her for.

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