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Impact of bankruptcy on property transfer

  • Flower64
  • Flower64's Avatar Posted by
  • Senior Member
  • Senior Member
05 Feb 22 #518802 by Flower64
Topic started by Flower64
I thought my long journey of settling finances was complete when at my final hearing in November the judge made an order for the house to be transferred to me. However this week I was dealt a blow when the Land Registry advised that the Official Receiver wants to register a restriction on the house as my ex-husband was the subject of a bankruptcy order 5 weeks after the order was made. The application to make him bankrupt was made 2 months before the hearing and he simply didnt disclose it at the final hearing.

The transfer still hasn't been completed as he's been ignoring my solicitor and I was on the verge of applying to court to have the judge sign the TR1 - my mortgage is in place, searches are done and I was good to go.

I took advice on Friday and the solicitor believes the transfer should still go ahead because the order from the final hearing was made first, but I would like opinions from people in the know on here who have perhaps been through this? I'm speaking with my conveyancer on Monday as I'm not even clear now who signs the TR1 - if its my ex or the OR, or a Judge. They did also warn me that the OR might want to pursue a claim of a transfer at undervalue - but I'm hoping that's not the case as the house has low equity.

I just want this all to be over as the impact on my mental health this past couple of years has been really bad. :(

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