| T O P I C R E V I E W |
| dee1 |
Posted - 04 March 2010 : 16:06:08
My ex-husband signed our house over to me in full for no consideration as it was for myself and our daugher. He is now bankrupt - does the Trustee have a claim on my home? I am extremely worried. |
| 5 L A T E S T R E P L I E S (Newest First) |
| Richard P |
Posted - 05 March 2010 : 12:42:37
if he went bankrupt in Aug 2009 have you received any communication from the official receiver yet ?
normally if they are that interested in the house they would contact you before the ink is dry on the court order.
now that you have typed that the agreement was 2007, when your ex applied for BR he would have had to state that he sold or disposed of the property (last 5 years ?). the greater the gap the easier it should be for you
if you have not received any paperwork from the official receiver yet, sit tight with fingers crossed for next couple of months.
regards Richard |
| RHB |
Posted - 05 March 2010 : 07:17:04
If the house has been signed over to you why does your ex need to sign if you remortgage or sell? Is he still paying towards the mortgage? |
| dee1 |
Posted - 04 March 2010 : 18:14:42
Thank you so much for your responses. The Discharge was registered in January 2007 and he was declared bankrupt in August 2009. By which time I have remarried. So to hide an asset with me is pretty pointless.
The house was signed over to myself and my daugher as part of our legal agreement (in Scotland) to the divorce. There is quite a bit of equity in the house but I find it extremely unfair that his bad money management should affect me. We are on good speaking terms but I fear that this may be the last straw.
I have correspondence from our bank to say that the house in my sole name and all the correct legal documents from our separation and eventual divorce. A solvency Affidavit requires to be sign by my ex in order for me sell or remortgage my property and this is the sticking point as obviously he is insolvent.
Dee
|
| Richard P |
Posted - 04 March 2010 : 16:51:26
Hi dee
as chester states the timing of when he signed the property over to you compared to his bankruptcy petiton is important the greater the time distance the easier it will be for you to argue with the trustee / official receiver.
what level of equity is currently in the house ? this will also dictate the direction the trustee / or will take
although the OR is going to investigate the property transfer they do not throw you out of the proeprty overnight, once they have negotiated with you and established the full facts it is still a year before they enforce any order (still plenty of time to appeal)
it is easy for me to say but dont panic yet, but you are right to post and start getting any paperwork you have in the right order.
paperwork = proof that he is no longer owner of property and that you have sole ownership and control of property (receipts of bills and mortgage payments)
good luck regard Richard |
| chester2005 |
Posted - 04 March 2010 : 16:24:14
hi and welcome to the forum
when did he do this and was it agreed in court as spousal and child maintainance
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
