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 bankruptcy postbag for april
 will I have to move out straight away
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melanie_giles
Senior Member



1191 Posts

Posted - 06 April 2008 :  13:18:52  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
Yes your wife could stop the sale of your property if she is claiming to have a financial interest in it.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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andrew.h
Junior Member

202 Posts

Posted - 06 April 2008 :  19:02:30  Show Profile  Reply with Quote
Upon our separation she obtained an interest in the property which I managed to get removed by my solicitor, but i know from our mediation sessions that she would like a slice of the equity from the house despite me paying all the debts from our marriage.

When it comes to selling the house privately i currently have no way of paying for a HIPS or funding a solicitor for the conveyencing work.

If i went bankrupt and the OR took posession of the house, how would they sell it? Conventional way or via auction?
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Helpful Advice
Average Member



United Kingdom
646 Posts

Posted - 06 April 2008 :  20:02:12  Show Profile  Visit Helpful Advice's Homepage  Reply with Quote
Hi Andrew,

It is possible she could block the sale, is she claiming a matrimonial interest in the property?


Kind Regards,

Brett England


Bankruptcy Specialist

England,Jackman & Spacey

WebSite www.ejands.co.uk


View my personal story & blogs at:

http://brettengland.blogs.bankruptcyhelp.org.uk/
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andrew.h
Junior Member

202 Posts

Posted - 06 April 2008 :  20:04:21  Show Profile  Reply with Quote
She did claim that, and the interest was registered at the Land registry, but i applied to have her name removed and was successful.
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melanie_giles
Senior Member



1191 Posts

Posted - 06 April 2008 :  20:25:42  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
In which case it sounds as if you property is free from encumbrance and that you are therefore able to sell it on the open market - but you will need to pay for a HIPS.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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andrew.h
Junior Member

202 Posts

Posted - 06 April 2008 :  20:33:27  Show Profile  Reply with Quote
Thank you all for your help.

Looks like i have some more thinking to do before i make my final decision.
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Helpful Advice
Average Member



United Kingdom
646 Posts

Posted - 06 April 2008 :  20:44:14  Show Profile  Visit Helpful Advice's Homepage  Reply with Quote
Good Luck Andrew,

Let us know what you decide.



Kind Regards,

Brett England


Bankruptcy Specialist

England,Jackman & Spacey

WebSite www.ejands.co.uk


View my personal story & blogs at:

http://brettengland.blogs.bankruptcyhelp.org.uk/
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