Family Home Protection Act 1976 section 7

T

Thanos0

Registered User
Messages
52
Am I correct in saying that if a bank can prove a defendant is
A. Incapable of making repayment
B. And that a defendant has told the estranged spouse

That the bank can repossess a family home regardless of separation proceedings being in play.

Is this what the family home protection act 1976 says?
 
Your question is too broad, a Bank can instigate repossession proceedings on a family home regardless of what is occurring in ones private life or any conversations between defendant and estranged spouse.

The FHPA 1976 does not come into this.
 
The bank issued proceedings.

The defendant is ruled disabled and cannot work.
The estranged wife won't work and doesnt and won't contribute towards mortgage.

Therefore neither the defendant or the estranged wife can pay. Therefore incapacity to pay.

The wife is aware of proceedings but she wishes to adjourn indefinitely.

Does the section 7 of the Family Home Protection Act 1976 allow the bank to repossess regardless of the estranged wife's objections.
 
Stop looking at the FHPA, if there are arrears then repossession proceedings are inevitable at some point regardless of personal circumstances, you can argue your point of view with the Judge on the day of course.
 
You must log in or register to reply here.
Back
Top