Amandaj wrote:It's for rent arrears and repairs for an old council property. I worried they will try and take my husbands property even though the debt was incurred long before I was married. I'm quite concerned that the debt has increased so much. The original debt was 5409.00 and is now at enforcement stage 2 and is 9681.96
I assume the Council actually had a successful judgement for default ie at County Court (or, CCJ) against you up to now? You say 'Sheriff' so I assume you're in Scotland? However, there are rules for co-owners, ie the onus is on you to prove your husband owns certain property, called 'chattel.' Proof of ownership under commercial law is where the legal owner transferred the property to your husband. So, does he have receipts or other proof, if it's a car, registration document and Insurance etc, prove ownership.
As for the point on the council making claims, since a CCJ or Scottish equivalent has likely occurred for the High Court to have issued a Writ against you, is either a none starter or too late in the day. As it applies to land, the claim is likely 12 years, and not 6 for purely contract claims.