Receiver asking for 13k 2 years after discharged ?

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digi999
digi999 Posts: 4 Newbie
in Bankruptcy & living with it
Hi All

Bit of advice please as this has really thrown me. I was discharged from bankruptcy in January 2016. I had declared myself bankrupt in Jan 2015 and as part of the financial disclosure included my house that I jointly owned with my ex wife (I hadn't lived there since 2014)

I've received a letter from the receiver saying the house has recently been valued at £110K and my 'interest' in it is £13k

The issue is that I don't even live there ! , my ex wife is remarried , I just assumed it was given to her as she's been paying the mortgage with her new partner ever since

I spoke to her today and she say's she isn't in a position to offer £13k for my share , and I live with my parents again and own basically the shirt on my back

I've mailed the receiver saying they are more than welcome to take my interest in the property , the question is what do I do next ? , I cant afford £13 let alone £13k , I have no interest in owning the property or ever living there again ! Am I going to have to re declare bankrupt for a £13k debt I didn't even know I had ?

any advice gratefully received ! :(

Comments

  • System
    System Posts: 178,094 Community Admin
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    You don't need to pay the official receiver £13k nor be declared bankrupt again. Basically the situation is that if you want to retain your interest in the property you need to find £13k, if you don't then your half belongs to the receiver and it becomes your wife's problem.
  • digi999
    digi999 Posts: 4 Newbie
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    Sorry to sound thick ... so I just need to phone the receiver and say 'take it' then or do I need to go to court again to have it repossessed officially or something like that ?

    Thank you so much for your reply !
  • silvercar
    silvercar Posts: 46,967 Ambassador
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    You can do nothing or you can phone the receiver and tell them you have no interest in it.

    Your ex will then be contacted by the receiver and she can negotiate on the 13k. There is every possibility that the OR would agree to a charge on the property, meaning they get their money when she eventually sells.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • sourcrates
    sourcrates Posts: 28,885 Ambassador
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    Speak to the OR about it, they will be more than happy to discuss the ins and outs of it.


    Just explain the situation to them, as they may not be fully aware of your current circumstances.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • silvercar
    silvercar Posts: 46,967 Ambassador
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    sourcrates wrote: »
    Speak to the OR about it, they will be more than happy to discuss the ins and outs of it.


    Just explain the situation to them, as they may not be fully aware of your current circumstances.

    Assume to OR knows that OP doesn't live there. Otherwise they are too late to make a move on the beneficial interest. OP said they were bankrupt January 2015, so the OR had to act before January 2018 if it was OPs main residence.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
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    silvercar wrote: »
    Assume to OR knows that OP doesn't live there. Otherwise they are too late to make a move on the beneficial interest. OP said they were bankrupt January 2015, so the OR had to act before January 2018 if it was OPs main residence.
    The 3 year rule also applied to the sole or main residence of the spouse / civil partner or former spouse / civil partner too - so they could be out of time in any event.

    Cohabiting / former cohabiting doesn't count - it must be by formal ceremony.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
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    31.3.71 Properties to which the provisions apply (a ‘qualifying property’)

    Where a property is considered to be a dwelling house (see paragraph 31.3.75), which at the date of the bankruptcy order was the sole or principle residence of [note 3];

    the bankrupt,
    the bankrupt’s spouse or civil partner (see paragraph 31.3.78), or
    a former spouse or civil partner of the bankrupt
    It will be considered to be a qualifying family home. Such a property will be referred to as ‘the family home’ for the purposes of this Part.


    31.3.79 Bankrupt may have more than one family home

    The bankrupt may have more than one family home where, for example, he/she lives in one, his/her estranged spouse live in another, and a former spouse lives in a third. If the bankrupt has an interest in any of these properties, they would each re-vest after the three year period (see paragraph 31.3.80) unless dealt with by the official receiver as trustee (see paragraph 31.3.83).

    Similarly, the bankrupt or spouse/civil partner, estranged spouse/civil partner, former spouse/civil partner may have more than one residence (for example one in the city for work and another in the country for weekends and holidays) – in which case, he/she would have to elect which property was the principal residence (see paragraph 31.3.63) and, therefore qualifies as the, family home.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
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