| T O P I C R E V I E W |
| beeper |
Posted - 16 June 2011 : 18:30:01
Hello I have had a letter from the trustee appointed in my April 2011 bankruptcy.
He informs me that he has an interest in my wifes house and that my share of the house is 20 percent. He says i declared this in my Statement of Affairs (I did not)I do not and never have owned the property and never paid any of the mortgage.Can he do this.
Not even sure if he is an appointed trustee.
Thanks for your time.
Regards beeper
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| 11 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 17 June 2011 : 19:31:07
This area of law has been contested many times in court and not all come out with a consistant answer.
for instance if the law of divorce was followed then even if one had not contributed anything financially then they could still have an interest, although that is pushing it a bit far in bankruptcy |
| debtinfo |
Posted - 17 June 2011 : 19:28:46
in very broad terms yes RHB, that was covered by my point no3 |
| RHB |
Posted - 17 June 2011 : 19:26:20
Yes but if it was in his wifes name & he paid more money into general household things than she did he would have an interest. If he's been unemployed all the time then obviously not. |
| debtinfo |
Posted - 17 June 2011 : 19:04:31
There are several ways you could accrue an interest,
The Obvious one is paying directly part or all the mortgage.
Another is if the mortgage payments came out of a joint account which you both put money into (where a judge could construe that you intended to share everything forever and ever (including houses))
Another could be if you have paid other thing in lieu of the mortgage ie she pays the mortgage you pay the bills or her debts or the joint debts etc etc
Another could be if you say built an extension or paid for an extention to be built (or other improvements) etc
Another could be if she has at anytime indicated that she belived she was giving you a share (a deed of trust for example)
In your favour is that as you are not on the deeds it is the trustees obligation to prove that you have an interest not the other way round
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| beeper |
Posted - 17 June 2011 : 17:18:26
Hi RHB and Kallis3
My name has never been on the Deeds or Mortgage papers.I have never paid the mortgage.
It has always been in my wifes name as it was bought when i was unemployed and could not contribute to a mortgage.
I do not know if the conversation was taped or not, I never said i had an interest in the property.I have never contributed to the property.
Thanks for the prompt replies, we await a letter from the trustees.
Thanks again |
| Niobe |
Posted - 17 June 2011 : 17:00:51
Does the trustee have a taped record of the conversation?
RHB - surely there is a difference between contributing to normal household expenses and paying towards the mortgage? The OP did say that he has never owned the property.
The world is broken, halos fail to glisten
We try to make a difference but no one wants to listen
Hail the preachers, fake and proud
Their doctrines will be cloud
Then they'll dissipate like snowflakes in an ocean
Jan
xxx |
| RHB |
Posted - 17 June 2011 : 14:24:06
So you have never contributed financially to the household & the house has never been in your name? |
| beeper |
Posted - 17 June 2011 : 12:42:33
Forgot to say we have lived in the property for twenty odd years and yes there is still a small mortgage on it in my wifes name.
Regards |
| beeper |
Posted - 17 June 2011 : 12:40:53
Thanks for the replies.
The trustees are Bridge Business Recovery of Tonbridge wells and seem now to be genuine.
We did speak to the Official receiver but they said they could not give advice. The trustee said it was said in my phone interview with the OR office that i had a 20per cent interest in the house. I never said that.
Regards |
| RHB |
Posted - 16 June 2011 : 19:07:22
How long have you lived in the property? Ism it fully paid for or is there still a mortgage on it? |
| Niobe |
Posted - 16 June 2011 : 19:01:13
Seems a bit odd. What company does the Trustee work for? You could also phone the OR and ask the about it.
The world is broken, halos fail to glisten
We try to make a difference but no one wants to listen
Hail the preachers, fake and proud
Their doctrines will be cloud
Then they'll dissipate like snowflakes in an ocean
Jan
xxx |
