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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i went bankrupt on november the 28 2013 and the official receiver

Customer Question

i went bankrupt on november the 28 2013 and the official receiver went through my details and said they weren't going to do anything then they passed me on to a company called mazzars i had to go through everything with them again and they sent someone to value my house they valued it at 155000 i have an outstanding balance of around 145000 i live with my fiance and 4 year old son i also have an 11 year old daughter who stays every tuesday until thursday and every other weekend. suzi (my fiance) pays council tax and phone bill and helps towards shopping and pays for child care for our son she took out a loan for 4000 to help me pay hmrc tax bill 4 years ago and also got a loan of 11500 for some solar panels which are fitted to the roof of the house. mazzars are claiming suzi has no claim to the property as its only in my name on the mortgage. they say there is 16000 equity and they want it all i made an offer of 2000 which they refused i apologise for the spelling and punctuation any help is appreciated
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.
If the valuation is £155,000 and the mortgage is £145,000 how do the reach an equity of £16,000?
Clare
Customer: replied 2 years ago.

i may have the amount owing incorrect

Customer: replied 2 years ago.

my house was going to be repossessed and i went to court and made the payments then 3 months later the mortgage company added the arrears back onto the mortgage so i think the

amount may of changed

Expert:  Clare replied 2 years ago.
Hi
Has she paid anything towards the mortgage?
Clare
Customer: replied 2 years ago.
She has given me money in the past to help pay the mortgage but there's nothing on a bank statement we can find. Surely if we sell the house though she can get the money to pay the solar panel loan off as they were put on the house or am I wrong. I have been told something about implied trust agreement or having something drawn up along the same lines
Expert:  Clare replied 2 years ago.
Hi
You cannot draw anything up now.
How much is outstanding on the Solar Panels loan?
Clare
Customer: replied 2 years ago.
I will get the correct figures worked out but I think 10000
Expert:  Clare replied 2 years ago.
Hi
The Solar Panel loan represents your partners only chance of claiming a share of the equity
This will be based on the concept of "proprietary estoppel"
Basically that your partner borrowed the money on the basis of your promise that she was in effect a joint owner of the property
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
You can use this to negotiate with the Trustee in Bankruptcy you can find out more about the case law here
http://www.step.org/proprietary-estoppel-looking-both-forward-and-back-after-thorner-v-major
Please ask if you need further details
Clare
Customer: replied 2 years ago.

i spoke to the lady at mazzars i told them i was waiting to hear back from a solicitor they want a response from someone i need to book into see someone i will mention what you have said above. i hope i dont sound bad for looking for ways to keep the house i know im clutching at straws i did say to mazzars that i feel suzi does have a claim even if its not a 50% claim. i also said when we moved in together we agreed on splitting the bills like we did under the understanding she owns half and also said that if it wasnt for suzi paying the other bills we wouldnt of been able to afford the mortgage

Expert:  Clare replied 2 years ago.
Hi
Of course you are trying to keep your house anyone would wish to do so
You have every right to do everything you can!
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Is there any way you could advise me what to write in the letter to them
Expert:  Clare replied 2 years ago.
Hi
You say that at the time of taking out the Solar panel loan you and your partner sat down and at that point given her contribution to the mortgage etc it was agreed that you would be joint owners of the property and that she would be added to the deeds as soon as it would be possible to remortgage the property
This is the only reason why she agreed to take out the loan and accordingly proprietary estoppel applies
Clare