Yet another property question....

minicooper1961

Morning all, well it is me again a couple of years on but still no joy with the jointly owned house. A precis....ex husband still renting out house to tenants, paying the mortgage interest but not secured loan so he can pocket around 1200.00 a month. He has been doing this since his bankruptcy (I have no idea why the receiver did not take the rental monies} and then the house would have been repo'd and that would been end of story. A couple of weeks ago the trustee applied to the land registry to have the beneficial interest returned to us both.

I guess the question I am asking is does this then change anything? the debt has increased along with the neg equity as the secured loan has not been paid. It makes me so mad as what he is doing is immoral and doing things in my name that I have no control over.

I cant force a sale because that would create even more debt, I cant get an occupation order because I would have to show a judge that I could afford to live there {I cant cos ex made sure of that}

Will the house still fall in the bankruptcy eventually? despite the beneficial interest being returned? or am I looking at a further bankruptcy?

a very fed up Mini xxx

Mouse1812

Does the OR know that neither of you is living in the property? I ask because the BI should not revert to you unless it is the family home. Your Ex is in danger of criminal charges here.

minicooper1961

Hi Mouse, yes that is what I thought, well I have put them in the picture on numerous occasions, it all seems to have been ignored ? That is why I am at a loss as I understood a property that was being rented would be kept on the RTLU,s books for 12 years ? However I may have got that wrong, I am just going round in a great big circle

Mini xxx

Mouse1812

The good news is any shortfall on either the mortgage or secured loan will fall into your bankruptcy, even if years later. Just don't sign anything for either the mortgage company or secured lender.

In the circumstances I would write (to cover yourself) to the OR and state something along the lines of:

Dear OR

Your Name, Case No xxxx of zzzz

As previously advised (on numerous occasions) I am writing to formally confirm the property xxx address is not the family home of either myself or my ex. Accordingly I do not believe is it covered by Section 283A of the Insolvency Act 1986.

Please confirm that you have received, read and understood this letter.

Yours Faithfully


Send using a “signed for” service

minicooper1961

Thanks Mouse :beer: