Ex-Wife Bankrupt Help needed (Land Charges Register)

Coggers_76

Hi All,

So my ex-wife went bankrupt back in 2019. We split just before this as she had huge gambling debts that I didn't know about (hence the fact she is now my ex-wife!). I bought her share from the Bankruptcy Trustee about 3 years ago now to stop the house being sold.

I am in the process of doing a Transfer of Equity. Its taken me this long because my existing lender, NatWest wouldn't let me do it 2-3 years ago due to my credit score, which seemed a bit of a joke but hey ho they have now.

The issue I have now is that my solicitor has done a Bankruptcy search on my ex-wife and she is still showing as Bankrupt on the Land Charges Register and obviously I cant do anything with that still showing.

I have called the Land Charges today and they have advised me that the charge comes off after 5 years which is next May but I don't want to wait until then anyway. They have said that I need to get in contact with the court that dealt with the Bankruptcy and obtain a Dismissal or Anulment which then vacates the charges on the Land Charges register.

I was under the impression that after a year you are no longer bankrupt and we have the dicharge certificate but they are saying I have to have something that specifically mentions the vacation of the charge on the Land Registry Certificate.

My ex-wife isnt being particularly helpful on this so I'm having to do the legwork in how I get this sorted so I can move ahead with getting her off the title to my house.

Any help or advice would be greatly appreciated.

Thanks in advance

Coggers_76

Update on this its on the K18 form that the bankruptcy has come up and they have said I need a copy of court order permitting the cancellation of the entry. But I don't know where I would get that from.

Minkym00

I would contact whoever you dealt with that organised the sale of equity (i.e. either the OR or trustee and asked them to remove the restriction. This may help… Practice guide 34: personal insolvency - GOV.UK (www.gov.uk) – section 5.2 onwards refers.

 

When the Land Registry refers to a court order, they mean when a bankruptcy is annulled when the debts and fees are paid. Presumably you aren’t looking to pay your ex-wife’s debts so this is not applicable in your case.

Coggers_76

Minkym00 said:

I would contact whoever you dealt with that organised the sale of equity (i.e. either the OR or trustee and asked them to remove the restriction. This may help… Practice guide 34: personal insolvency - GOV.UK (www.gov.uk) – section 5.2 onwards refers.

 

When the Land Registry refers to a court order, they mean when a bankruptcy is annulled when the debts and fees are paid. Presumably you aren’t looking to pay your ex-wife’s debts so this is not applicable in your case.

Thanks for the response. I have been in contact with both the OR and the Trustee and they have both said that they cant help.

I bought her share of the property and that amount was used to pay some of the debtors but wasn't enough to pay all of it obviously. I paid £20,000 for her share but she owed over £100k built up from Gambling....

All I want is her off my title deeds but I don't see how I can do that. I honestly thought that when I bought her share from the Trustee all would be ok but its not.