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selling my house

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.

Comments

  • longtermplanner
    longtermplanner Posts: 1,442 Forumite
    edited 26 July 2014 at 8:47AM
    (deleted because fermi has pointed out it was incorrect)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 26 July 2014 at 7:24AM
    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-j
    What 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.
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  • thank you thats cleared a bit up
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