does the whole lot go to the creditors?

[rosie1965]

hi, would you be able to advise me. matrital home was in my husband name ownly.a pending bankruptcy was registered on the land registry.my matrimonial homes was then registered with the land registry. finally the bankruptcy was registered with the land registry. the has since been repossessedby the mortgage conpany not the bankrutcy people.am ientitled to half of the remaining profit out of the house or does the whole lot go to the creditors?

[MelanieGiles]

Hi Rosie

Is it your husband who is bankrupt or you? Assuming that it is your husband, then you would need to take legal advice as to whether you have developed a beneficial interest in the property - which is quite likely if you have contributed to the upkeep and running of the property since you have been living together.

Is there likely to be any equity remaining?

[ianmillington]

Also was it just the registration that took place after the petition had been presented or the transfer as well?

[MelanieGiles]

Has a sale actually taken place?

[rosie1965]

hi, it is my estranged husband who has been made bkt. the house has been sold and there is £51000 equity.the solicitors who done the sale arent sure if ai am entittled to any of this money.for the last six mths i paid the mortgage not him.the pending notice was filed in nov 2005 my notice was registered march 2006 and he was made bkt in july 2007. any ideas pls.andie

[MelanieGiles]

I would say that you have a good case - and from my own personal experience I have successfully obtained results in similar circumstances, but you do need to find a good lawyer to represent you in this matter, and will need to provide evidence of your claim.

[rosie1965]

hi the funds are with the solicitor alreaedy.what i can do now.? do i really need a solicitor i cant get legal aid and money is tight as it is.andie

[ianmillington]

If you made contributions into the household budget (not necessarily directly against the mortgage) then you have a fighting chance of proving a beneficial interest in the property.

I agree with Melanie. Get a lawyer to argue your case with the Official Receiver/Trustee.

Do I read it right, it took 20 months for the Bankruptcy Order to be made?

Ian

To reply to your post, if you have a decent case the lawyer should be prepared to get paid when you do.

[rosie1965]

yes he was in an iva first. andie

[rosie1965]

thankyou both for you help. andie

[ianmillington]

So it was

petition
IVA which dismissed the petition
IVA failed
New petition

That the correct sequence?