IVA FAQs › Can an IVA take my home
No. An IVA has no power to take or force the sale of your home, it is an agreement, not a court seizure. Your equity is dealt with through the length of your IVA, not by losing the house.
No. An IVA does not have the power to take your home or force you to sell it. It is a voluntary agreement between you and your creditors, not a court process that seizes assets, so nobody is sent to claim your house.
If you have equity in your home, it is taken into account, but through the structure of your IVA, typically by setting the term at six years rather than five, not by taking the property. The one thing to watch for is an unusual, non-standard proposal containing a sale clause, which good advice will flag.
Why an IVA cannot seize your home, and where the equity fits in.
No. An IVA cannot take your home or force its sale. It is an agreement you reach with your creditors about repaying what you can afford, not a process that seizes your possessions. Provided you keep to the arrangement and keep paying your mortgage, your home remains yours throughout and after the IVA.
This is the crucial difference. In bankruptcy, control of your assets passes to a trustee, who can sell property to repay creditors. An IVA works the opposite way: you keep ownership and control of your home, and the arrangement is built around protecting it. That is precisely why so many homeowners choose an IVA instead of bankruptcy.
It is accounted for, but not by taking the house. Under the current rules, if your share of the equity reaches a set level, your IVA simply runs for six years instead of five, and you make additional monthly payments in place of releasing any equity. So your equity contributes to the arrangement through time, not through losing your home.
Not in a standard IVA. A normal, protocol-based IVA does not contain a clause forcing you to sell your home. The only way a sale could be on the table is if you agreed to an unusual, bespoke proposal that specifically included one, which is rare. If any proposal mentions selling your home, treat that as a reason to get independent advice first.
Only in the normal way. Your mortgage sits outside the IVA, so you keep paying your lender directly as usual. Your lender is not a party to the IVA and has no new power over your home because of it. The exception is if you fall into mortgage arrears, since, as a secured lender, they retain their usual right to act on those.
Then your equity is simply your share of its value. If there is no mortgage, the whole value counts as equity, and under current rules a larger equity figure means your IVA is more likely to run the longer, six-year term. You still keep the home; the equity is reflected in the length of the arrangement rather than in any sale.
No. If you own your home jointly with someone who is not in the IVA, only your share of the equity is ever considered. Your partner's share is theirs and is not touched by your arrangement. This is an important protection for couples where only one person is taking out an IVA.
Yes. As a homeowner, it is well worth understanding exactly how your property will be treated before you commit. A free, impartial adviser can confirm that a standard IVA protects your home and flag anything unusual in a proposal. Free services like StepChange and MoneyHelper are there to help you decide with confidence.
An IVA is only one of several routes. These short guides explain the main alternatives, and the people involved, in plain English.
A cheaper, faster route if you have a low income, few assets and smaller debts. Free to set up.
Read moreScotland's formal equivalent of an IVA, usually run over about four years.
Read moreA Scottish route to repay your debts in full over time, with interest frozen.
Read moreThe licensed professional who proposes and runs your IVA.
Read moreThe public record an IVA appears on, and when it comes off.
Read moreHow a Debt Relief Order and an IVA compare, side by side.
Read moreAn informal, UK-wide way to repay your debts at a lower monthly rate. Nothing is written off, it is free to set up, and it keeps you off the insolvency register.
Read moreA free, impartial adviser can reassure you on exactly how your property is treated, with no obligation.
You never have to pay anyone to find out where you stand. These services are free, independent and will go through every option with you.