Legal Question in Bankruptcy in United Kingdom
property
i have been put into an iva which states my property must be sold within 6 months it is in my name only but can my wife register a claim on the oroperty as her marital home and claim some of the equity in the property
1 Answer from Attorneys
Re: property
Your wife may be able to claim that she has a beneficial interest in the property if there was a clear legal intention that she should have such a share at the outset or if she made direct contributions to the purchase. If she could estbalish either of these this would mean that she was entitled to a share in the sale proceeds.
She can issue a Notice protecting her occupation rights but if the IVA has already been sanctioned this might be ineffective against the creditors who had no prior notice of it and even if it was effective it might lead to the IVA failing because of the change of assumptions.
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