Husband was Bankrupt - OR now wants me to sell or buy my home - Help Please

[Whoo]

My husband went Bankrupt a few years back and now the OR wants me to buy or sell my home. He was the sole owner but we're married of 18 years and the OR is saying I am not entitled to any interest in the property. This can't be right as I've paid for renovations, the deposit, bills, mortgage contributions, council tax and just about everything. I have offered him 50% of the equity which sits (less the renovation work of circa £4k) around £31k but he says I'm not entitled. I need advice please ... the half I offered will leave me broke never mind if I have to find the full amount. I tired posting but it wouldn't let me

 

W

[ims21]

Hi Whoo

 

I have created a thread for you here so please use this thread to continue the discussion.

 

The guys will be along to help as soon as they are available.

[Whoo]

Thank you,

 

Some more info as I was a bit panicked having just read his letter.

 

I registered my rights under the family law act prior to the Bankruptcy with the Land Registry and my son of just 16 lives with us in the family home so I assumed correctly that this day would come but not that I am not allowed any interest in my home and he is saying family law does not convey and has no bearing

 

Oh and the house ground floor was totally gutted at the time the Bankruptcy was awarded so I had no choice but to pay the renovation costs as we were living in a damp cellar with just one small window to the main street. It was the culmination of my husbands poor health and I have paid the mortgage in total for the last 5 years.

 

W

Edited June 30, 2014 by Whoo

[unclebulgaria67]

Thank you,

 

Some more info as I was a bit panicked having just read his letter.

 

I registered my rights under the family law act prior to the Bankruptcy with the Land Registry and my son of just 16 lives with us in the family home so I assumed correctly that this day would come but not that I am not allowed any interest in my home and he is saying family law does not convey and has no bearing

 

Oh and the house ground floor was totally gutted at the time the Bankruptcy was awarded so I had no choice but to pay the renovation costs as we were living in a damp cellar with just one small window to the main street. It was the culmination of my husbands poor health and I have paid the mortgage in total for the last 5 years.

 

W

 

You are going to have to get formal legal advice from Solicitors about your situation. There is too much at stake not to get proper advice. I am not sure the OR has given you correct info on your legal situation. You will have beneficial ownership of the property.

 

I think this will have to go back to court to be argued about.

[Whoo]

Yes I thought I might need to have this adjudged and I noted these links which is from the official government insolvency site and goes into detail about establishing my interest in the property. Sorry I couldn't post the link because it said I don't have a post count of ten yet!

 

Can you point me in the direction of a legal expert or is that not allowed ... I'm not sure a local solicitor would have the right knowledge to take this on

 

W

[ims21]

Sorry but legal firms cannot be recommended on the site.

 

You can search the Law Society website for a solicitor in that particular field by going here....

 

http://solicitors.lawsociety.org.uk/

[unclebulgaria67]

Yes I thought I might need to have this adjudged and I noted these links which is from the official government insolvency site and goes into detail about establishing my interest in the property. Sorry I couldn't post the link because it said I don't have a post count of ten yet!

 

Can you point me in the direction of a legal expert or is that not allowed ... I'm not sure a local solicitor would have the right knowledge to take this on

 

W

 

We cannot advise on Solicitors. You should find a good local Solicitors that handles these issues. The Law Society has a search facility on their site. Most Solicitors will offer a free half hour consultation to see if they can take this on for you. So if they will do this, you could see a few to see what advice is given.

 

If you google beneficial ownership and bankruptcy, there are numerous results from Solicitors and Barristers chambers that provide information.

[Whoo]

OK I have initiated the help of local-ish legal experts and i'm also talking to a remote expert with first hand experience in this area. Personally if I had to sell I would revert the property to it's former state but it would break my heart to do so. I had expressed a wish to avoid litigation but Im not prepared to give him a penny more than he's due!

[unclebulgaria67]

OK I have initiated the help of local-ish legal experts and i'm also talking to a remote expert with first hand experience in this area. Personally if I had to sell I would revert the property to it's former state but it would break my heart to do so. I had expressed a wish to avoid litigation but Im not prepared to give him a penny more than he's due!

 

Unfortunately once the OR has their claws on property, they will fight like mad to get their money. There was a BBC prog on this awhile back and it made it sound like the OR is a goliath that most people could never take on, without the best legal help.