Bankruptcy and selling a home

[Deleted User]

I went bankrupt in 2012 and am now discharged. The house i had with my ex.partner is now being sold. Am i entitled to claim share of equity in this?  I havent resided or contributed to the mortgage since 2010. 

silvercar

Was there any equity in it at the time of your bankrupty?
Did the official receiver register their interest in (the equity) on the deeds within 3 years of your bankruptcy? Alternatively, did someone buy back the equity from the OR at the time? 

[Deleted User]

Hi no there was massive negative equity
The house came back to me at the end of my bankruptcy. 

silvercar

If the house "came back to you" then I would think you are entitled to your share of the equity.
Whether your ex could claim that he is entitled to all the equity depends on the agreement you drew up when you bought it/ how it is owned/ whether you both have an agreement on the sale proceeds etc.
Given you haven't contributed in any way since 2010 and there was no equity at some point after 2012, there is also the moral argument.

MEM62

emmafairygirl said:

Hi no there was massive negative equity
The house came back to me at the end of my bankruptcy. 

No equity at the time of your BR.  No subsequent financial contribution made by you since.  Any claim you have will be weak to say the least and I cannot imagine that, under the circumstances, that your ex will be handing anything over without a fight.  Therefore, you will be looking at litigation - which is both risky and expensive.  In addition, if successful, you can expect all the mortgage and other payments for the upkeep that you have not contributed in the intervening years to be deducted from any settlement.    

RattyIrk

Without knowing full circumstances your ex may be prepared to give you something as a nuisance payment to ensure they can sell without difficulty.  If the house is in joint names they will need you to sign paperwork, failing which they will need to get a court order which they will want to avoid.  

jontyh

I was made bankrupt in 2011 my wife purchased the beneficial interest less than 10k back from the OR with money given to us by my mother I up until the last 7 months have paid the mortgage now we are separated and selling the property my wife is adamant I am not entitled to half of the profit we were married 33 years of which she rarely worked anyone been through this or anyone know or can advise please