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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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Our daughter, with us our parents, has a share in the flat

Customer Question

Our daughter, with us our parents, has a share in the flat she lives in. Unknown to us she became bankrupt. What is the position in relation to her bankruptcy?She has been discharged after one year and continues to pay sums.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

The trustee in bankruptcy could ask for the sale of the property so as to realise the share due to the bankrupt estate, with the alternative however that the co owners buy out your daughter's share. However if the trustee does nothing for a period of 3 years after the date of the grant of bankruptcy, your daughter's share will revert to her without any further legal process. If there are other ways of paying off her debts the property may not need to be used for doing so. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
Further to the last question, would it be acceptable to use my daughters share when it is sold to be used for unpaid rent to us (her parents)?
Expert:  JGM replied 1 year ago.

If it is sold to pay her bankruptcy creditors then no, you would have to make a claim to the trustee in the sequestration. If it was sold by the family then you could make a claim.

Customer: replied 1 year ago.
How do we make a claim?
Expert:  JGM replied 1 year ago.

You ask the trustee for a claim form.