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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
Experience:  24 years experience. Admitted in New South Wales and the UK.
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My ex has gone bankrupt in her country australia, she is still

Customer Question

My ex has gone bankrupt in her country australia, she is still on the deeds of my house in the UK and I need to sell it. She walked out and never paid any bills or mortgage for the past thee yrs that we have had the house where do I stand, my solicitor has had a search on my deeds and my ex creditors have placed no third party interest on the deeds when she went bankrupt 27 months ago. She has about 9 months left of her bankruptcy. The mortgage has about £248000 value of house is approx £340000
Submitted: 2 years ago.
Category: Australia Law
Expert:  clairep80 replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were you and your ex married?
Will she co-operate in a sale?
Clare
Customer: replied 2 years ago.
Hi Clare thank you for your message.
1. No we were not married we were together for three yrs so we were partners.
2. I'm not sure wether she will co-operate with the sale I emailed her saying I needed to sell as I have paid everything for nearly three yrs. all she said was that she didn't want to jeopardise her release from bankruptcy in nine months time by signing the house over to me ie taking her name off the deeds.
Expert:  clairep80 replied 2 years ago.
Hi
How was the deposit for the original purchase funded?
Clare
Customer: replied 2 years ago.
The original deposit was funded by a loan from westpac bank australia which she hasn't paid anything back into because she went bankrupt when she returned to Australia so they made me 100% liable for the repayments. I think from memory she may of put about £10,000 in also. We had joint credit cards to pay for some stuff but because she went bankrupt I have and still are paying those off as the bank put them in my name and took hers off
Expert:  clairep80 replied 2 years ago.
Hi
I should have asked - have you heard from whoever is dealing with the Bankruptcy in Australia
Clare
Customer: replied 2 years ago.
Hi if you read my initial question it says my solicitor had a search done on the deeds and my ex creditors have made no entry or have registered any third party interest. On the property, I've come on here as one of the reasons to ask you experts is australian law and UK law etc
Thanks john
Expert:  clairep80 replied 2 years ago.
Hi
I appreciate that but there is a difference between restriction having been Registered and Contact having been made - based ultimately on whether or not your ex has actually told the Administrator about the asset.
Your ex certainly cannot transfer the property to your sole name
She can co-operate in a sale BUT she cannot agree that you should have a larger share of the equity
If she did and the Administrator found out then the money could still be recovered from YOU.
What you need to do is to apply for an Order for the sale of the property and a ruling as to the division of the equity between you.
This could NOT be disputed by the Court.
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Where do I go for an order for the sale of property and what is it and how does it work I live in York North Yorkshire so where wld I go and what information do I need to get one of these orders. When I get one can I then sell the house or does my ex still need to agree to sell.
Expert:  clairep80 replied 2 years ago.
Hi
Deep breaths!
You can apply to your local County Court for an Order for sale - the process is set out here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Once you get the Order that is it - you get to sell the property with or without her agreement!
Clare
Customer: replied 2 years ago.
Hi I've read the form it says I have to send a pre letter to the ex in Australia, when she gets the letter I'm sure she will pass it to her creditors who will then place a third party interest on the property deeds which they haven't done so therefore I won't have any option but to try to go to court with it. When I asked the initial question on this site I was expecting to get advice from someone with regards ***** ***** as to what her creditors will or can do and wether it is actually legal in the UK
Expert:  clairep80 replied 2 years ago.
Hi
In that case I shall opt out and transfer this to the Australian Law Section
Clare
Expert:  Leon replied 2 years ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.You have to have your solicitor write to them and ask them to remove the interest on the deed.What contributions has she made in total to the purchase and upkeep of the property?
Customer: replied 2 years ago.
Good morning Leon thank you for your message. When you say my solicitor needs to write write to who, I don't know where I stand with regards ***** ***** in Australia. On the house deeds there are only two names on it mine and hers there is no third party name of any creditors etc. her overall contribution was when we bought the house three yrs ago. Which was for approx $20,000 or £10,000 the rest was through an australian loan that she has not paid anything in to I have to pay 100% of that loan as well as the joint name accounts in the UK. She has not paid any of the $3,054 or £1600 monthly mortgage since we bought the house which was three yrs ago. She says she has about 9 months left of her bankrupcy which would take her to 3yrs and one day I thought Australian bankruptcy was for 7 or 8 yrs. so as you can see she hasn't paid anything since we bought house no mortgage no bills as so returned to Australia before we moved in then declared herself bankrupt without telling us
Expert:  Leon replied 2 years ago.
Good AfternoonI assume the third party that has registered the interest on the title is the Trustee in Bankruptcy in Australia. Your solicitor needs to write to them. There should be some name on the documents that are registered. The lands department of land has to know who registered the interest and you should be able to get a copy of the document that has been lodged.The time she has on her bankruptcy is not relevant. They can leave this on title even after.If she declared bankruptcy it is for 3 years onlyI hope this is clearer?
Customer: replied 2 years ago.
Hi not really any clearer, as I said there is NO registered third party claim on the property it is only my ex and my name on there there is no trustee in bankruptcy registered on my deeds. So why would my solicitor need to write to her trustee in bankrupcy if they are not on the deeds. She walked away from everything leaving me to pay all mine and her debts and I need to sell my house to pay my debts as hers have gone through her declaring herself bankrupt the problem is her name is ***** ***** deeds
Expert:  Leon replied 2 years ago.
I may have misunderstoodHas a third party interest been registered on title yes or no?
Customer: replied 2 years ago.
No it hasn't as my solicitor checked a few months ago there are only two names on title deeds my ex and myself
Expert:  Leon replied 2 years ago.
Ok my apologies. I misunderstood what you had said.You cannot sell without her agreeing to the same and you are going to have to get orders from the Family Court to allow you to take the majority of the proceeds.I suspect that she will not agree to you getting most of it.Your solicitor should get together a proposal and send her a copy to get her consent.This is the first step.Because she is an owner she has to sign to put it on the market and also sign the contract unless you have a power of attorney.You will not be able to do anything without a court order or her agreement.
Customer: replied 2 years ago.
So the question remains if her trustee in bankrupcy has not put a third party interest on the house title deeds do they need to be told, or can they put a third party interest on the house title deeds if they have not done so in the past 27 months of her bankrupcy, so is it only her that we have to ask to remove her name from the deeds
Expert:  Leon replied 2 years ago.
Good AfternoonShe has an obligation to disclose all assets and liabilities.You have no such obligations to anyone.If your questions is do you have to tell them the answer is no.They will need to get the bankruptcy registered in the UK before they can do anything. Any money you send her after the sale will be seized by the Trustee in bankruptcy.Yes she is the only one that has to sign documents.
Customer: replied 2 years ago.
Ok so when we write to her she will have to tell her trustees can the trustees then place a third party interest on my house deeds to try and claim 50% of the equity. Or is my best and suggested option to go to a family court to sort out what she is owed and if anything how much. If and when that is the case do her bankrupcy trustee then accept what she is given if anything or dispute it through courts
Expert:  Leon replied 2 years ago.
The trustee will want her share of the sale. Even if they place an interest they will allow the sale but her share will be kept by them.She is a 50% owner. At the moment if it is sold without a court order changing the shares she is entitled to 50%Unless she agrees to a less amount and you get court orders to that affect she is entitled to 50%
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
Experience: 24 years experience. Admitted in New South Wales and the UK.
Leon and other Australia Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your help Leon so would you suggest I get a court order first as my ex won't agree to sign house over and wld demand 50% of the sale even though she hasn't paid anything into it or bills etc for nearly three years. If I get a court order can I still get it to court if she refuses to accept court order paperwork or doesn't return it ?????
Thanks john
Customer: replied 2 years ago.
Good morning Leon if my ex bankrupcy of three yrs finishes in 9 months can her bankrupcy trustees still take the money. From her part of the house after her bankrupcy finishes and I take it it would still be best for me to go to court to dispute her 50%
Thanks john
Expert:  Leon replied 2 years ago.
Good Morning
I would suggest you finalise the property split with the Courts in the UK first before you sell.
All you have to show is that you sent the court documents to her at her last known address so the court is happy that she has them.
Her trustee can take the money from her, particularly if they realise she failed to disclose the assets in the UK.
I hope this is of assistance.
Customer: replied 2 years ago.
Hi Leon I asked a further question but didn't get a reply.
After my ex bankrupcy ends in nine months will her bankrupcy trustees still have a claim on any of her assets
Ie if I sell house after nine months do I just need to challenge her half of the sale or do her trustees still have an interest after her bankrupcy finishes after 3 yrs
Expert:  Leon replied 2 years ago.
Good Morning
The trustee can have a claim on her assets under the bankruptcy act. Particularly if she has not disclosed the UK assets.
The answer in simple is Yes.
You do not have to worry about the bankruptcy. You use the UK law and you ask for a greater share than 50% based on the fact you have been making greater contributions.
I hope this makes sense and is of assistance.