Mortgage/bankruptcy help please

monnie38

Hello all.

8 years ago myself and my ex bought a flat,
5 years ago we split up. we have a tennant in the property however the rent doesnt cover the mortgage and we make up the shortfall each month

3 years ago he made himself bankrupt leaving me with 100% of the flat
I paid all the shortfall on the mortgage and for any repairs etc on the flat alos maintenance, ground rent etc.

I received a letter yesterday saying he is no longer bankrupt and now owns 50% of the flat again!

does anyone know what rights i have to claim back his half of the last 3 years?
Is there anyway i cant some of the costs back ?
is this even allowed?

samtoby

Really?! I am sure someone can offer advice....

holly_hobby

Well you could ask him for the sum due.

You would support any claim, via proof of you solely paying the associated costs.

If he elected not to voluntarily reimburse you prior to sale, upon sale, the proven costs & interest, could be deducted from his 50% share - with his permission of course.

If he refuses to do this, then the matter would need to be taken through the judicial system, and would be decided by a Judge. (NB - be aware that legal fees and costs may severely negate any gain, so consider this before pursing via this avenue).

Any 2nd charge in respect of the debt apportioned against his share,and would need to be agreed with the lender as 1st chargee - not sure if this would be a possibility .

Seek some legal advice (1st hr free, or CAB duty solicitor advice) to top and tail it.

Holly

Danni-R

You say that he left you with 100% of the flat.

How was this done? Did he just say 'i'm broke, you have the flat'?

holly_hobby

Probably TIB had a charge on his share, is what she means - but could be wrong, and she doesn't mean that at all !!

H

monnie38

he was made bankrupt therefore the insolvency company wrote to me and told me i was now liable due to it being a joint mortgage !

Thrugelmir

monnie38 wrote: »

he was made bankrupt therefore the insolvency company wrote to me and told me i was now liable due to it being a joint mortgage !

And now your ex partner is liable again.

As presumably the mortgage is still in joint names.

monnie38

thats correct.