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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My position is:- 1) I have recently been discharged from bankruptcy

Customer Question

My position is:-
1) I have recently been discharged from bankruptcy resulting from a personal guarantee and still own my personal residence which is in negative equity. I had no debts other than the guarantee, but also have a small monthly attachment order on my income with 2 years to run.
2) The Insolvency Office registered a 3 year interest in my home on the basis that it is my sole residence, with 2 years now unexpired. They told me that if the property had not been my personal residence their interest would not be time limited.
3) My place of employment is some 50 miles away and I commute daily, but circumstances now make it very difficult for me to continue to travel from my home to work on a daily basis and I would like to rent my home to a family member for 1 year and rent accommodation closer to my workplace for 1 year

My question is as below:-

"If I rent my home to a family member, my father, for one year am I at risk of the Insolvency Office claiming that it is no longer my home and changing their interest from the original 3 years to perpetuity?"
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Are you at risk - yes

Alex Watts :

This is because I assume you would be renting closer to work

Alex Watts :

This therefore indicates that the principal property is not your main residence

Alex Watts :

So yes, yo would be at risk

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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