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watamu
Starting Member

United Kingdom
1 Posts

Posted - 11 May 2009 :  12:01:50  Show Profile  Reply with Quote
My ex-husband was made bankrupt in 2007 & since then I have been battling against an order that the house be sold as I have paid all the mortgage payments (90,000) & spent £50,000 on home improvements. There is only about £36,000 equity in the house & I don't think a 50/50 split is fair.
This was all going OK & the final hearing is tomorrow. Today I received by email their 'skeleton arguement' that amounts to 102 pages including relevent cases. It is not reasonable in my mind for them to spring this on me the day before the meeting with the judge.
Can I ask for a later date to be set to allow me time to digest what they have sent me and do I do that at the court tomorrow?
I am not using a solicitor & am at work today.
Thank you.

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 11 May 2009 :  22:14:31  Show Profile  Reply with Quote
I believe that the judge would view that less than 24 hours notice for a non legal person to digest 102 pages is unreasonable.

However as always with court you are completely reliant upon the judge so you should still prepare your case, what the house was worthe 2 years ago, what payments you have made over the 2 years and put your case calmy .

remember if they are taking you to court they need to present their position first.

I would also really recommend that you do secure expert council because a slip could cost you thousands. I assums that if you have spend £50,000 on home improvements that you would be in a position to have representation in court.

incidentally which court are you in

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com

Real People ..... Real Debt Solutions
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