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selling my house
CoffeeBean_2
Posts: 62 Forumite
I am just wondering if it is possible to sell my house when Bankrupt?
I am only 4 months in to Bankruptcy and I jointly own my house with a family member. They are aware of the situation. The OR has an interest in my half of the property and I am aware it will be valued in about 2 years. It is currently in negative equity.
I am just wondering if I can sell when the OR is listed as having an interest in the property? Or do I need to wait for the 2 years and 3 months?
We are considering selling and taking the loss
Just confused with it all to be honest so any advice appreciated.
I am only 4 months in to Bankruptcy and I jointly own my house with a family member. They are aware of the situation. The OR has an interest in my half of the property and I am aware it will be valued in about 2 years. It is currently in negative equity.
I am just wondering if I can sell when the OR is listed as having an interest in the property? Or do I need to wait for the 2 years and 3 months?
We are considering selling and taking the loss
Just confused with it all to be honest so any advice appreciated.
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Comments
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(deleted because fermi has pointed out it was incorrect)0
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longtermplanner wrote: »No you don't. The OR now owns your half of the house. This is not your decision to take any more.
Actually they don't.
On a jointly owned property the legal title remains with the bankrupt and joint owner.
"The official receiver will not have an interest in the legal estate of a jointly owned property but will have an interest in the proceeds of sale. "
There OR/trustee could have this registered.
http://webarchive.nationalarchives.gov.uk/20140528044448/http://bis.gov.uk/insolvency/personal-insolvency/bankrupts-home#form-jWhat is a Form J restriction?
A Form J restriction is an entry at the Land Registry, made on the application of the trustee, against a property that is jointly owned by a bankrupt. It is a record of the trustee's interest in the property. It means that the Land Registry must notify the trustee of any dealings in connection with the property. A Form J restriction is different from a charge, which relates to a claim for a specific amount of money.
A bankrupt's legal interest in a jointly owned property does not transfer to the trustee. So a bankrupt and the co-owner can still sell the property, but the trustee must be paid the value of their beneficial interest from the sale proceeds.
The Form J restriction will only be removed when the trustee has been paid for their beneficial interest in the property.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thank you thats cleared a bit up0
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