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Alex J.
Alex J., Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3775
Experience:  Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
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Hello there,After falling further and further into debt

Resolved Question:

Hello there, Before I file for bankruptcy I need to know if the Official Receiver would think that I have a beneficial interest in my husbands property.  I have sought advice from national debt helpline and there is one issue I need to clear up before filing for bankruptcy. I live with my husband and 2 children in my husbands property. We have been living here for 6 years. The property is in my husbands name solely. My husband has always paid the mortgage (interest only), he gives me money for housekeeping which I use to pay the household bills. My husband has always paid for the upkeep of the house and all improvements. There may have been one occasion where I paid £2000 towards refurbishing the kitchen. There is approximately £285k on the mortgage for the house and its probably worth approximately £300k. Before I file for bankruptcy I need to know if the Official Receiver would think that I have a beneficial interest in the property? Your advice on this matter is hugely appreciated. Regards Natasha

Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

Based on what you have told me you would need to have contributed more than you have described to gain a beneficial interest. Your husband also would have had to have given the impression that he intended you to have a beneficial interest.

If there is no underlying trust document and he can prove he is the sole legal owner, has always paid the mortgage and paid the deposit form the property I would be very surprised if the Official Receiver sought to make a claim.

The OR's resources are very limit and they are only likely to pursue such a claim against your husband if there is overwhelming proof that he is hold a beneficial interest on your behalf. That said it is entirely their prerogative if they want to bring a claim or not.

Kind regards

AJ
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