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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25649
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I own a property jointly and have paid all the bills the council

Customer Question

I own a property jointly and have paid all the bills the council have serve a compulsory purchase order on me, the other joint owner cannot be found how can I proceed
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you personally propose to challenge the order or have already done so or whether you are prepared to proceed but for the missing co-owner plesae?

Customer:

Hi

Customer:

no problem with the compulsory purchase order,. There are three owners of the property myself my mother and my former partner. My former partner was made bankrupt and the official trustee in bankruptcy has acquired some interest in the property (which is also in mortgage) and has registered his interest at the land registry, and has now agreed he will accept a sum in respect of his beneficial interest in the property. can my mother and myself proceed without locating my former partner if not what do I need to do

Joshua :

Thanks. For the avoidance of doubt it is your ex partner that cannot be contacted from what you say?

Customer:

yes I have tried but cannot find him

Joshua :

Thanks. Do you know roughly when your ex partner was made bankrupt and when he was discharged vaguely?

Customer:

made bankrupt 21st September 2011

Joshua :

Thank you. On that basis your ex partner no longer owns the property under bankruptcy law. When your ex was made bankrupt title to the property passed to his trustee in bankruptcy and it is therefore the trustee that you must deal with and has authority to transfer title to the property to the local authority.

Joshua :

Accordingly you can consider contacting the trustee to advise him about the CPO you have received and agree how the equity in the property is to be divided between you, your mother and he. If you cannot reach agreement you made need to apply to court for an order but on the basis you can agree the matter between you then it is simply a case of the trustee signing on behalf of your ex.

Joshua :

Alternatively the local authority can serve a vesting order to transfer the property without the owners consent having completed the required formalities and compensation agreed and so on.

Joshua :

In either event I cannot see that your ex partner would need to be contacted and in deed even if he could be located, he would not have authority to sign anything because title in the property presently rests with his trustee in bankruptcy.

Joshua :

Is there anything above I can clarify for you?

Customer:

many thanks

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