Bankrupt and property

[tracey jane]

My partner went bankrupt I purchased his share of property from the official receivers, he then remortgaged the house, I have not signed back his share of property to him, can anyone advise what I can do.

 

[honeybee13]

Hi.

 

I think we'll need more detail from you to be able to advise on this. Were you aware that your partner was remortgaging the house?

 

Also, is it just your name on the deeds or at the Land Registry after you bought his share?

 

HB

[tracey jane]

I knew he remortgaged but wasn't aware that he hadn't told the solicitor he had gone bankrupt or that I purchased his share of property from the official receivers, he added his name on land registry after bankruptcy I found out recently from official receivers that it should of been in my name and that I have to go to solicitor and sign his half back to him which I have not done, the land registry has sent me papers to put property in my name.

[honeybee13]

Do you want to put half the property into your partner's name? You've already paid for it from what you say.

 

HB

[tracey jane]

What happens if I don't sign over his share, 

[honeybee13]

I'm not an expert in this either.

 

I don't understand how he could remortgage a house that you owned 100%, or have I missed something? Did you sign any of the paperwork for the remortgage?

 

And I don't understand the reasoning of the receiver that you should sign the house back over to your partner, could you tell us more about that please?

 

I suppose it doesn't relate to your immediate question, but what did he do with the remortgage money once he got it?

 

HB

[tracey jane]

I was not named on original mortgage I had a declaration of trust drawn up by a solicitor, he went bankrupt

 

I went to court as I had an interest in the property, the judge let me in court as I had a declaration of trust which then meant I could purchase his  share of property from the official receivers,

 

I found out recently from official receivers for my ex partner to have his share of property I have to sign it back  to him. Which I haven't.

 

When he remortgaged the money went into the property. I think what's happened is he put his name on land deeds and that's how he managed to remortgage the property. I have recently spoken to land registry who said as he went bankrupt and I purchased his share it should of gone in my name not his.

 

I'm just not sure where I stand as I own his share. He cannot just take it back of me it has to be officially signed. Over by a solicitor. My ex partner wants me to sign over half the property back to him.

 

I'm not sure if he's committed fraud as he's obtained mortgage fraud entry by not disclosing information about bankruptcy and his share of property being transferred to me at court .

[honeybee13]

Thank you for the details. I see your problem as this is an ex-partner and indeed fraud is a possibility.

 

In your place I wouldn't be rushing to put his name back on the deeds or whatever. I'm going to flag your thread for the site team for more input from people who advise on bankruptcy or legal stuff.

 

HB

[unclebulgaria67]

Surely, once the land registry shows you as owning 100% of the property, this should be picked up by your ex-partners mortgage company, who will no doubt be in touch with your ex partner to recover their money.

 

I doubt the mortgage company would have released the mortgage funds, unless the required changes to land registry were completed, so it would be interesting what documents were supplied to land registry by your ex partner. I think you can make an application for copies of all of the documents and if you see a Solicitors, it may help you to get these from land registry before you see a Solicitor.

 

Search for property information from HM Land Registry - GOV.UK

WWW.GOV.UK

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Find a property and get its title plan, title register, who owns it and see if it's at risk of flooding

 

 The whole basis of his mortgage application sounds odd. It could be a high rate mortgage for people who have had debt problems and the mortgage company have not been very diligent.

 

 

 

 

[unclebulgaria67]

What does the Declaration of Trust state regarding your interest in the property ?

 

Have you contacted the Solicitors that drew up the Declaration of Trust document ?

[honeybee13]

I think it would help to know who is shown as owning the property on the Land Registry. You should be able to find out by paying £3.

 

HB

[tracey jane]

Hi, he put land deed in his name, that’s how he got round his mortgage, I have now found judges order where I purchased his share of the property from official receivers, who have also confirmed his interest was passed on to me. when he went bankrupt, I have seeked legal advise as he remortgaged house which he doesn’t own so 2 counts of fraud one with false information to land registry and obtaining a mortgage fraudulently by not declaring he went bankrupt and his share of property being passed onto me in court, I have found the judges order at court where it transferred to me.

[honeybee13]

Hi.

 

Would you be able to post up the court order please, minus any personal details? That should help us to advise  you.

 

Do you have any documents for him transferring the house into his name?

 

HB