Trustee in Bankruptcy

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richard.w

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Post by richard.w » Fri Nov 02, 2007 12:27 am
Does the Trustee in Bankruptcy have any duty to the (ex) civil partner of the bankrupt in dividing assets such as a home to settle his debts.
The civil partner in this case having originally bought the home with a mortgage and occupied it with her children for 10 years. The Bankrupt in this case persuaded he to take out a loan and to sign a tenancy in common 50% split which she did in ignorance of it's meaning in law.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 02, 2007 7:09 am
Hi Richard and welcome to the forum

Was the civil partners name ever on the deeds of the property, and does he believe he has any form of claim?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
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Regards, Melanie Giles, Insolvency Practitioner
 
 

richard.w

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Post by richard.w » Fri Nov 02, 2007 8:43 am
Thanks for responding Melanie. Yes unfortunately, she signed a tenancy in Common deeds transfer when they took out a mortgage together, beguiled by him (a woman in love) and yes, he thinks he should have half. She started with the home in her name and £60,000 in equity.
I have heard of a new law lords ruling that is not in her favour. Is all lost?
 
 

MelanieGiles

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Post by MelanieGiles » Sat Nov 03, 2007 12:24 am
The law is not on her side, and she will need to put up a persuasive argument, so I suggest a good lawyer is now essential to fight her corner.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
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