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franthorp
Starting Member
United Kingdom
1 Posts |
 Posted - 30 June 2012 : 06:32:45
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| I went bankrupt in October 2010. It turns out my name was still on ex husbands deeds. (Iwas not aware of this at time of bankrupcy. )He has discovered there is a restriction on his house with the land registry, Can you tell me how long this lasts; I have read 3 years,5 years and lifetime. I am very concerned for him as although we divorced 11 years ago he has parkinsons disease and is finding this very difficult,many thanks |
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debtinfo
forum expert
2826 Posts |
Posted - 30 June 2012 : 07:33:13
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| Well first you need to declare it to your Official Receiver, the times will start ticking then |
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year 2029
Average Member
590 Posts |
Posted - 30 June 2012 : 09:30:13
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Debtinfo, it sounds like the OR already knew if there's a restriction on there?
If the restriction was placed by the OR due to your bankruptcy, there should've been paperwork raised at the time that your ex would've been aware of.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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debtinfo
forum expert
2826 Posts |
Posted - 30 June 2012 : 09:59:03
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Possibly but possibly not. You see when you are made bankrupt the OR places a notice with the Land Charges department, this notice is placed against your name not an individual property. The OR will also place a restriction against any property that they formally know about.
BUT
The land charges also independently puts a restriction on any properties that may possibly match the details given by the OR to stop them being sold without the solicitor checking them out. Often this ends up with accidental restrictions against people with similar names and ages in the same area. Therefore it is likely that restriction could have been put against the property without the OR knowing about the property and so until the OR establishes that the property is owned by the bankrupt then the 3 years wont start to run |
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year 2029
Average Member
590 Posts |
Posted - 30 June 2012 : 11:56:56
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Ah, that makes sense.
Anyway, the 3 years would start as you say from when the OR first became aware of the property.
franthorp,
How long were you divorced before going bankrupt?
How long did you live together in the house?
Was your house involved in your divorce proceedings as a way of payment?
Does the property have equity?
There'll be a whole list more (probably), of questions that would need to be asked.
I'm sure debtinfo will have a few more pertinent ones up his sleeve.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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How long does land registry restriction last ?
