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[wambaugh]

Just been sent a notice from my trustee saying they think my interest in my old home falls under this act

Read the act on Insolvency.org and it states the residence must be the main residence of either myself, my spouse, my ex spouse, my cilvil partner or my ex civil partner.

My trustee says that it does fall into this category except I have never been married. My ex partner of 22 years lives in the property with my two children. I transferred the property over 2 years before my bankruptcy date. She does not fall into any of these categories therfore can they apply this notice

Any help apprecioated

wambaugh

[Hg]

Hello

What were the full circumstances surrounding the transfer, and what was your financial position at the time of the transfer? Were you insolvent and subject to any pressure from creditors at that time? Or were you solvent and up to date with everything?

[wambaugh]

I signed the transfer in nov 06 saying that she would be able to have the house and I would get 50% of the net profit from the sale when either she got married, moved another man in for more than 6 months or my youngest child turned 17. This does not happen till july 2017

At the time i had 2 credit cards with debts of only £5000 simlar level of debt all my working life excellent credit rating. Paid all my bills and had a good job

its only since I fell mentally ill in 2007 and lost my job in 08 and got more and more credit just to live on did i end up owing £75,000 in dec 08 and attempting suicide.

I was declared bankrupt in feb 09

hope that clarifies

I spoke to the insolvency practionioner this morning and she said they send this form out whether you are married or not as it is a grey area but the will relise their intrest before the end of 3 years

I cant find anywhere in the insolvency act that deals with unmarried ex couples

This is getting more confusing by the day.
Thanks
wambaugh

[Hg]

Hello

What they are presumably doing is making known their interest in your 50% share of any profits.

It doesn't really make a lot of difference whether they use the family home rules or not, but it's probably more in your interests if they do than if they don't (means they have to do something within three years, rather than whenever in future they feel like it).