question category: Bankruptcy

If i am made bankrupt will they take the house if there is no equity in it i have 3 children


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Re: If i am made bankrupt will they take the house if there ...

It is possible.

Your trustee has 3 years to begin action against your property - so if house prices go up and you continue to pay your mortgage - equity will build up which could make that attractive for your creditors.

If you have children the trustee will usually allow you a year to make alternative arrangements - to move house.

As early as possible in the bankruptcy you can arrange for a 3rd party to buy you out of your equity in the house and give that money to your trustee in lieu of repossession. This is often beneficial to all parties.

You need to get some advice before you go bankrupt.

 

Re: If i am made bankrupt will they take the house if there ...

Hiya

As Darren has said, the trustee in bankruptcy has 3 years to deal with any matrimonial home.

Usually in the 1st year the interest of the bankrupt and his/her family are taken into consideration, thus giving you time to make alternative arrangements if you need to.

After the first year, the creditors interest take precedence. However, the trustee will only look to take possession of a property if there is equity in excess of £2,000.

Usually the trustee would look to negotiate with your partner or a 3rd party to purchase the trustee interest. He would even negotiate with the bankrupt when discharged.

The trustee would only look to take possession of a property if all other avenues of negotiation had been exhausted.

Also do ensure that the mortgage is paid each month or the mortgagee could look to take possession under there security.

Hoping this helps.

 

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