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| sarah.kn |
Posted - 22 April 2010 : 07:22:11
Hi! Own house with ex-partner (not married) i live in it with our 2 children, he left 7 years ago and not paid a penny towards since leaving and earlier this year he was made bankrupt but as he is still on mortgage/deeds trustee has been in touch regarding beneficial interest - where does this leave me if dont want/cant buy his beneficial interest - will house be sold even though he doesnt live here and not paid anything towards it in 7 years? What are my options - house does have equity. |
| 2 L A T E S T R E P L I E S (Newest First) |
| Housing |
Posted - 22 April 2010 : 09:32:04
Morning Sarah,
Sound advice as always from Bridgewood.
You do need some professional advice - an initial chat with your solicitor who did the conveyancing perhaps, Post back, sorry that I cannot actually give advice other than cyber as do not at present, have professional indemnity insurance.
I wish you good fortune, Richard
"There are no problems - only solutions" |
| Bridgewood |
Posted - 22 April 2010 : 09:22:56
Hi Sarah
This is something where it is always better to get professional advice.
You will have a good argument that you are entitled to more than half the equity if you have paid the mortgage and upkeep of the property over the past 7 years, but it depends entirely on individual circumstances and that is where you need advice in arguing with the trustee regarding his claim to the equity.
The trustee has the right to apply for possession and sale of the property if he can't reach an agreement with you regarding the division of the equity, but he can't usually do this until 12 months after the bankruptcy order, and you have the right to defend the application, and present your arguments to the Judge (if it gets that far).
Please seek advice
Best wishes
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