Bankruptcy, divorce, solicitors.

motherbored21

My ex husband was made bankrupt back in the early '90's, whilst we were still married. Trying to get the jointly owned (still!) house sorted. His solicitor insists the receivers share is paid BEFORE the (any) remaining money is split. My solicitor is saying that it has to come solely out of his share.

I was not part of the bankruptcy and have a letter from the receivers, which I have forwarded to his solicitor.

Result: stalemate.

Any ideas?

puddlepuss

For what it's worth, I went through a similar scenario back in the mid-nineties though luckily for me there was no equity in the jointly owned house so the OR didn't bother with it. I would have thought that your ex's solicitor would be instructed by the OR what the correct procedure is? As you have a letter from the OR absolving you of any liability in the bankruptcy then I don't see why your ex's solicitor has a problem with you receiving your share prior to the OR taking any remaining assets from your ex's share. From my past dealings with the OR, they do the 'shouting' so to speak & everybody else has to 'jump', including solicitors!!

debt_doctor

Hi,


Assuming this was a BR in England, the OR, if they have failed to deal with the property prior to April 2007 then they are out of time. Did the OR / IP take any action against the property prior to 2007? perhaps a charging order?
If such a thing happened then this money could only be taken from your ex's share of the property at that time, plus potentially 8% per annum interest.
The time limit in dealing with the home only applies if it was the home of the bankrupt or their spouse or ex spouse at the time of the bankruptcy, otherwise there is no time limit.


So,
Was it the family home or not?
If it was the family home (for at least one of you) was the property 'dealt with' prior to April 2007?


DD

motherbored21

OR has a charge on the property. Both he an I were living there until divorce in 1995. I left property in 2001, ex moved back in then and is still there. A bank repossession for mortgage arrears was attempted in Feb 2007, but narrowly averted (against my wishes).

Think ex has an incompetent solicitor...

Matts_Mum

Technically, the OR won't care whose equity has been used to repay the monies outstanding under the charge. I think this is the case of a solicitor (his) trying to pull a fast one