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 my ex has gone bankrupt,

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T O P I C    R E V I E W
deborah_r Posted - 13 February 2009 : 21:47:06
my ex has gone bankrupt, his name is still on the deeds with mine.Ttrustee require his beneficial interest of 13,000.00. Can they force me to sell and force me and my two children to leave if I cannot raise the funds to pay them. I am up to date on the mortgage and all my own accounts are with the CCCS. I have worked so hard to secure a future for me and the kids, the divorce will be absolute in 5 weeks, he has ruined our lives yet agin
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RHB Posted - 14 February 2009 : 08:04:07
What was going to happen with the house aNYWAY, WERE YOU LOOKING TO buy him out? If so, look on it as a way of doing that, the house will be in your name & it may be that the BI will go down as house prices fall.
John Posted - 14 February 2009 : 00:52:16
Hi Deborah

I'm afraid unless you or another can raise the £13K, or something close enough to make a good offer, the Official Reciver's office does indeed have the power to force a sale.

The thing to do is explore all avenues to try and build a case in insolvency law to retain the property if you can, in some cases this does not require you to make any payment at all.

Since you first lived in the house, have you ever remortgaged for any reason? And if you have what were the funds used for?

Who paid the deposit when you first purchased the property?

Who has paid the mortgage payments and utilities over the years?


How long since your ex has not lived at the property and how long since he last made a contribution towards the mortgage and utilities?

A few too many questions perhaps but if I can build a picture of your actual circumstance we can see if there is a valid defence.


timendi causa est nescire
Niobe Posted - 13 February 2009 : 21:55:39
Hi and welcome.

I don't know the answer to the question, just wanted to welcome you and let you know that one of the experts will be along to advise.

The glimmer gets brighter all the time

Jan
xx

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