§ Mr. Jim CunninghamTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to protect the rights of wives(a) when a court orders the sale of the matrimonial home to pay off the husband's debts and (b) where the husband continues to incur debts against the wife's income.
Mr. John M. Taylor(a) Under current legislation, where a husband and wife are co-owners of the matrimonial home and the husband becomes bankrupt or a charging order is made against him, the court has a discretion whether or not to order sale of the home to meet the debts. The interests of the wife and the creditors will be considered by the court in reaching its decision. Unless the circumstances are exceptional the court will usually order a sale, though the wife will, of course, be entitled to her share of the proceeds of sale. I have no plans to introduce new legislation.
(b) It is difficult to envisage circumstances where a husband would incur continuing debts against his wife's income without her consent; if the husband and wife have a joint bank or building society account, they the wife can end this arrangement to stop the husband using her income.
§ Mr. Jim CunninghamTo ask the Parliamentary Secretary, Lord Chancellor's Department what the procedures are for ensuring that when action is taken by the courts to recover debts all the parties involved are made aware of impending action; and what remedy is available to individuals when the court fails to notify them.
Mr. John M. TaylorIt is the responsibility of the plaintiff in a court action to provide the information necessary to ensure that proceedings are taken against the correct person and that the proceedings are served on all interested parties. If a party to an action is not notified, they may apply for the judgment or order to be set aside so that the papers can be re-served. Anyone who is not named in proceedings but who has an interest may apply to be joined as a party.