House Deposit given to buy home with husband in his name only now bankrupt

[angel_1]

Hi

trying to help a friend who has sold her house and the equity was used as deposit with her husband to buy a house together.

 

The house is only in his sole name..

they had tried to get a deed of trust done and their solicitor wrote to them to come and sign...they never did.

 

The solicitor has osed up hos business only got a document from him stating to go in to finalise the deed of trust.

 

Now my friends husband separated from her and the home and went bankrupt over a water bill of just over 2k.

He never told her this until all the paperwork and bankrutcy happened.

 

Now with covid etc the charges by the bankruptcy trustee has risen to 50k and they are going for the house ..in his sole name

 

my friend had been paying the mortgage and bills and her youngest child only turned 18 last year, tried to challenge that although no paper deed of trust there was intent and oral acceptance from the start of buying the house

 

her deposit of £80k used logically she would have 80% and he would have 20% ownership of the house. The trustee is saying without the deed she had nothing initially, now its 50% as they are still married.

 

She has court this week to try and defend her stance, the intent of their agreement and to claim back her deposit and all payments made by her to the upkeep and monthly mortgage payments made by her solely.

 

She fears she will lose everything .

 

.a barrister has been appointed but she is wondering that not all her paperwork from the day of the house being bought was put in by a previous solicitor to hers now.

 

Can she ask for an adjournment  before Thursday to get a better defence with paperwork ...what chance has she got and what else can she do please

 

many thanks .

 

 

[Ethel Street]

Does she have a solicitor? 

 

This sounds legally complicated and your friend needs specialist legal advice from someone who has seen all the paperwork. She  needs to ask her solicitor this question. Urgently, if the hearing is this week.

 

Bear in mind that a Trustee in Bankruptcy 's duty is to get the maximum amount of money from her husband's estate to give to his creditors. The Trustee is not there to help your friend or to give your friend independent or unbiased advice.  She should not believe anything the Trustee says unless it is confirmed by her own solicitor.

[angel_1]

Yes this is her 2nd solicitor..who now that my friend has reviewed all the paperwork to her has seen that larhe amounts of info not in there  oy partly goes back to info from around 3 years ie when the bankruptcy was processed.

The solicitor has recommended a barrister at 3k ..but my friend is nervous that there isnt the full info snd so what can the barrister defend fir her..i did say the signed by both her and her hubby deed of trust would have nulified a this from the start...i agree ive tried to help her..but now it seems even this solicitor is saying the intent of the deed of trust is evidence..but im nervous of that statement

[angel_1]

Thanks for the replies..it is very complicated..a lesson to be learnt by others .. always safeguard any deposit or anything being bought that you have an interest in to have a solicitor declare it ..be signed and confirmed in solid writing to avoid these future possible problems .