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Bankruptcy transfer of equity and land registry


john
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I became bankrupt last July

 

 

as I was joint owner of my step daughters house but there was no equity

we were allowed to let her purchase my share for the nominal £1000 plus fees.

 

 

She had been looking for a solicitor to represent her

but she has received a letter saying as she does not wish to use a solicitor

she needs to sign and Have witnessed this letter

but they recommend a solicitor checks it out.

 

 

On further enquiry this will not facilitate a land registry change to her sole name.

 

 

Her worry is that if, heaven forbid,

this situation arises in the future the OR will be able to claim I still own a share of the property

as I will still be on the mortgage and land registry.

 

 

As all the solicitors contacted have quoted betweeni 400 and 600 to do the transfer

as they say they have to do a full conveyancing service including searches etc.

she cannot afford this after paying the fees to OR.

 

 

To get this letter from the ORs solicitor witnessed and checked over will be £25-£50.

But I am worried it will not be watertight.

 

 

Can anyone advise me please?

 

 

Thanks

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Hi - the deed of assignment looks fine to me.

 

 

Have a read of https://www.gov.uk/government/publications/personal-insolvency/practice-guide-34-personal-insolvency#bankruptcy-proceedings-where-the-debtor-is-a-joint-proprietor, particularly 5.1 and 5.2.

 

 

Unless an Official Receiver has put a restriction on the land register - you can check this by downloading the document online from the land registry - the OR won't be on the land register. For your step sister to get the property I think you would need to sign a TR1 and lodge it with the land registry. You should probably check this with a conveyancing solicitor though.

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