Beneficial Interest after Discharge

Banquo21

I went Bankrupt in June 2015 I live with my wife in her home which is in her name only. She pays the mortgage and I pay toward household bills etc. When I had my meeting with the OR they were not interested in the house. I hadn't lived there too long and all of the debts were in my name only.

I have heard horror stories of the OR claiming I have beneficial interest three years after bankruptcy because of the amount of time living there. I will be discharged in June and hope to make a clean break. Will the OR come knocking after my discharge and try to claim this?

Cobalt77

Nope. If the property is totally in her name, the OR will have no interest in it.

debt_doctor

Hi,


I have never seen a beneficial interest pursued where the bankrupt did not have legal title to the property.
In some cases the bankrupt had lived with the owner for 10 years or more, paid towards household bills and some properties were owned outright with lots of equity.
DD

Johno100

debt_doctor wrote: »

Hi,


I have never seen a beneficial interest pursued where the bankrupt did not have legal title to the property.
In some cases the bankrupt had lived with the owner for 10 years or more, paid towards household bills and some properties were owned outright with lots of equity.
DD

Agreed, unless of course the bankrupt introduced substantial capital when the property was purchased, something sometimes seen with second and subsequent marriages/relationships.

debt_doctor

Johno100 wrote: »

Agreed, unless of course the bankrupt introduced substantial capital when the property was purchased, something sometimes seen with second and subsequent marriages/relationships.

Yes, I agree with your comments.
DD