divorce

[alisonjoy]

i have recently filed for divorce. i am currently remortgaging in my own name and hence my husband is signing himself off the deeds as it was my house originally, my parents have put a lot of money in the house and it is our daughters inheritance in thne future. He has recently lost his job and he has debts of around �30k. after reading other q & a's i am worried that if he goes bankrupt the court could force the sale of the house. I am not using a solicitor as my husband has agreed to everything. I had advice from a solicitor who said that as i was divorcing him then the house cannot be sold is this correct.this has all happened in the last month so i am worried can someone please help. please tell me not to worry. 

[Didwot]

I am sorry to say that if the house is in your joint names, and if your husband goes bankrupt, then the claims of his creditors under bankruptcy law prevail over your claims in the divorce, and an order could be made for the sale of the house. However it would all depend on the facts.

[glenis]

i was in a similar situation ,you really do need a solicitor,not the one that you had advice from as he has not given you the right info,they don't come cheap but in the long run if everything turns nasty (which in divorce they usually do ) will be worth every penny you spent .I've read horror stories of even after a couple have divorced the husbands debtors have forced the sale of the marital home leaving the wife and children homeless and pennyless