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Thread: who is responsible for a default mortgage when you split up with your partner

  1. #1
    Junior Member
    Join Date
    Sep 2012
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    Default who is responsible for a default mortgage when you split up with your partner

    I am a joint owner of a property in spain with my ex partner purchased in 2003 At the time of purchasing the property I was a stay at home Mum with no income. After 5 years I split from my partner whom I have a child with.
    When I left the property he was still living there and paying the mortgage. Suddenly he then moved back to the UK where he declaired himself bankrupt in 2009 and now lives on disability benefit.He stopped paying the mortgage december 2008
    do you think the bank will chase me for the debt i am in the uk i have no assets but i am working.

  2. #2

    Default

    Hello ttleboy,

    I recommend you to get a Nota Simple, that is, a Land Registry Note to check who is the current owner, as the property may have been repossessed without your knowledge, bearing in mind that you moved country and had no contact with your ex-partner after that, who has been declared bankrupt. If it is in the name of the bank, they can certainly go against any of the joint owners. It will depend on the equity left that the bank will take any actions or they will just leave as it is. They can chase you as Tax offices in Europe have agreements for the purpose and your salary could certainly be embargoed.

    Please feel free to contact me by email ( By clicking on my profile ) if you wish to learn more about getting a Land Registry Note.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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