28 Jun 2019

A question about : Protecting myself from son with serious debts

My 28 year old son, lives with my wife and I, and is in serious financial difficulties.

Without wishing to sound callous (which I am not – and could type pages on the practical steps I have taken myself to help him) – I am less concerned about his financial predicament, which he has brought on himself, and is doing very little to adequately address.
I am, however, concerned about my own position as a householder.

My son uses our home address for all correspondence etc. I am concerned that when his debtors (HMRC etc) seek legal remedies – would they have any right of access to our property in pursuit of their (rightful) claims?
are there any other steps I should be taking to protect myself?

Best answers:

  • Debts are personal and if the house is not his asset it cannot be used to repay his debts.
  • Hi Jeff Astle, thank you for your query regarding protecting yourself from son's debt
    As long as you were not a guarantor for any of his debts you cannot be held financially liable in any enforcement action his creditors take but if a creditor does start county court action it may be worth you drawing up an inventory of the contents of your home to show what belongs to you and what belongs to your son as if bailiffs got involved they could only take goods belonging solely or jointly to your son and any proof you have such as receipts would also be useful if the situation got to that point. You can find more information about county court enforcement at www.adviceguide.org.uk.
    Hope this is of asssistance
  • Thank you very much for the helpful responses. That's a big help to me.
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