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Property in Bankruptcy

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  • Property in Bankruptcy

    Good Morning everyone. I have come here for some help and hope somone will be able to advise me.
    My husband was declared bankrupt about a year ago. When his father died about 8 years ago he left his dwelling house to my husband and I in his will on the condition that my husbands mother and sister "would have their day in it". His mother has since remarried but his sister still lives in the property. Our problem now is that the Official Receiver wants the property valued. As part of the BR I have agreed to purchase my husbands share of our own home so that we can hold on to it which is all fair and good. But if the OR wants my husbands beneficial interest in the house his sister occupies I will not be able to afford to pay for both.
    What happens if I cannot pay for this? Can they force a sale of this second property which my sister-in-law occupies? We are very close to her and she has helped us out in many practical ways since the BR and I cannot even bring myself to tell her that the OR wants to value her house because of the worry this will bring to her.
    Will they place a charge on this property or can they force a sale?
    Any thoughts would be greatly appreciated.
    Last edited by honey; 8th October 2010, 10:30:AM. Reason: spelling mistake!

  • #2
    Re: Property in Bankruptcy

    Honey,

    Bad news I'm afraid. The O/F can and most probably will place a charge against this property.

    It might be an idea to find out if his sister is willing to buy out his share of the property.

    Comment


    • #3
      Re: Property in Bankruptcy

      Am I right in saying that when a charge is placed on a property it remains there until such times as you come to sell the property then they would get their money. But as long as my sister-in-law lives here they cannot ask for money or force a sale. Is his right?

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      • #4
        Re: Property in Bankruptcy

        Honey, I'm not sure but I think the creditors can force a sale.

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        • #5
          Re: Property in Bankruptcy

          Shell, can you check this out for me?

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          • #6
            Re: Property in Bankruptcy

            http://www.insolvencyhelpline.co.uk/...unty_court.php

            Honey this site explains charging orders and what can be done.

            Your problem is that the house isn't your residence and as such there is a very high chance that the creditors will demand a sale.

            Comment


            • #7
              Re: Property in Bankruptcy

              Have a read of this document think it explains a lot and well.

              Comment

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