Will I loose my home

[Disneybabesa]

If a house, previously owned jointly, is legally made over to me as a divorce settlement and the mortgage and deeds are in my name, will it still be vunerable if my ex decides not to pay his debts, he is now resident in Spain and mostly, his bills are addressed there

[ummmm]

If it is in your name then it is your house. Nobody would be allowd to touch your house for someone elses debts

[flyciderman]

The only way that a loan company can attack your home is if there is a charge aginst your home. If he has no interest in your home then they can not put a charge on the house. Presumably when he took the loans out you did not allow him to secure the loan against the home., any in any case this should have been cleared up as part of the divorce settlement. I would simply send back to the loan company the letters marked "Not known at this addreess"

[Disneybabesa]

Thanx, you have put my mind at rest!

[Law1]

I dont agree, what if he is declared bankrupt?. This is a grey area. i assume you had a court order to 'seal' the divorce settlement and that it was a fair settlement, in other words, what did the ex get for handing over to you his half of the property? If there was equality then creditors would be unable to recoup his half however if creditors could prove that he signed over his half to avoid creditors getting hold of his share, then they could try to get a court order terminating the transfer. If there was any doubts as to his solvency then your solicitor would have done a bankruptcy search against him, obtained a statutory declaration of solvency from him and obtained an indemnity policy to protect your interests. however as it appears you have a mortgage no doubt you took over the debt of that and i assume there is not much equity in the property (the difference between the mortgage amount and value of property), therefore not much left for any creditors should he be made bankrupt.

[Disneybabesa]

The ex got �40,000 as a deposit for a flat in Spain, he also got �30,000 over three years from the joint account, he never paid the mortgage or maintenance for the children, and will not do so in the future, so although I got more in terms of the equity in the house, this terminates his responsibilities for me and the children and thus is quite fair, since they are still young and will be dependant for many years yet