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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The Trustee in my bankruptcy estate is in process of selling

Customer Question

The Trustee in my bankruptcy estate is in process of selling my house which is solely owned by me. But my wife has applied to the court that she has a 50% beneficial interest in the property. The court has given her 4 weeks to file evidence to demonstrate that she has a beneficial interest in the property. My question is this, what will be considered as evidence by the court, i.e. what does she need to submit to the court within the next 4 weeks?
Submitted: 2 years ago.
Category: Law
Expert:  Clare 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.
How long have you lived together and are there any children involved?
Clare
Customer: replied 2 years ago.

We've lived together for 11 years and we have three children aged 10, 8 and 2. I had purchased the property before getting married (15 years ago) and that is why it is solely owned by me (as per the land registry).

Expert:  Clare replied 2 years ago.
Hi
Has your wife worked during the marriage?
Clare
Customer: replied 2 years ago.

Yes she has worked for most of the time. She had time off work every time we had a baby and resumed work once the child was about 12 months old.

Expert:  Clare replied 2 years ago.
Hi
Has she registered her Matrimonial Home Rights on the property?
Clare
Customer: replied 2 years ago.

No she hasn't done that. What is the procedure for this?

Expert:  Clare replied 2 years ago.
Hi
May I ask exactly what the Court said at the hearing?
Clare
Customer: replied 2 years ago.

She has been asked to file evidence to support her claim that she has an interest in the property. This needs to be done within 4 weeks. If evidence is not filed within this period then she would be barred from making any claims in the future and the Trustee in bankruptcy would be entitled to 100% of the equity.

Expert:  Clare replied 2 years ago.
Hi
The starting point is for her to register her Matrimonial Home Rights using the form here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352448/HR1.pdfShe should then file a Statement setting out the details of the marriage and the children.
Exhibit the marriage certificate.
She should also document her working life to show the financial contribution that she has made.(p60's etc)
Finally she should refer to the extensive case law which states that the starting point for division of the capital is 50/50
You can use this
http://www.bsdivorcesolicitors.co.uk/capital.php
as a starting point for the research
http://www.bsdivorcesolicitors.co.uk/capital.php
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Is it not too late to register her Matrimonial Home Rights now that the property is in bankruptcy estate? Also, the link you sent containing the form does not work.

Expert:  Clare replied 2 years ago.
Hi
She can Register them - they will not take priority but they need to be Registered anyway
Clare
Customer: replied 2 years ago.

The link you sent containing the form does not work.

Expert:  Clare replied 2 years ago.
Hi
You will have to cut and paste it to your search engine I am afraid.
Your Wife is not a joint owner of the property - she has a Beneficial Interest in - a right to 50% of the equity - that is what she is claiming - I appreciate that it seems a fine distinction - but it is important!
Clare
Customer: replied 2 years ago.

OK great, just a bit of clarification please. A wife has a beneficial interest, is this the law? I mean, if this is the law then why has the court asked her to file evidence to demonstrate that she has a beneficial interest? Why didn't the judge accept that she has a beneficial interest because she is married to the bankrupt?

Also, why didn't the trustee (in bankruptcy) accept her beneficial interest? Why did he bother going to the court?

It just seems like she has been caused a lot of headache and stress for no reason if there is a law that says that the starting point should be 50/50.

Expert:  Clare replied 2 years ago.
Hi
No she has to argue her case.
She has to show her contribution and argue her case
There is not a legal Statute that says 50/50 so she has to show the arguments that give her entitlement
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

What is the fee to be submitted with the form HR1 (Notice of Home Rights) please?

Expert:  Clare replied 2 years ago.
Hi
There isn't one!
Clare