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Posted: Tue Mar 25, 2014 3:57 pm
by SAMH
If wife owns more of the house than I do meaning father and mother in law put £27000 into house when we purchased it how would bankruptcy work
Posted: Tue Mar 25, 2014 4:37 pm
by Foggy
It will depend upon how you jointly own the property. Usually couple own as joint tenants where they own the property in equal shares and when one dies the whole reverts to the survivor. However, they could own as tenants in common, where each holds a specified share, which can, for instance, be left to a third party in a will.
Often in, for example, divorce proceedings, the courts will use discretion to make allowance for the input from each side into a joint tenancy. I imagine an OR might have the same discretion.
Posted: Tue Mar 25, 2014 4:44 pm
by Michael Peoples
You need to be careful as a Trustee assumes a 50/50 split of equity. If your wife can prove she funded the deposit she has an arguable case but it could also be argued that the deposit was a gift to you both. It may be worth seeking legal opinion before you decide to go bankrupt.
Posted: Tue Mar 25, 2014 11:54 pm
by MelanieGiles
Using the principle of the equity of exonoration, your wife ought to easily be able to argue to hold a higher than 50% share of the equity in the property.
These days, with the principle of intent between parties being a powerful tool in Court proceedings, most Trustee's will be happy to consider a reasonable settlement based on the facts presented to them.