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What are we each entitled to in our divorce settlement?

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home rights

  • redbush
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05 Sep 12 #354092 by redbush
Topic started by redbush
Hi there.
My husband has declared himself bankrupt, I moved out of our home 6 months ago where the mortgage remains soley in his name.

We are estranged and I have completed a hr1 and are now showing on the land register.

My husband is allowing me back to the property to collect my belongings now the insolvency service are taking over.

Do I have any rights to remain at the property? My husband now lives with someone else , so the property is vacant. If I remained there would I be breaking the law?could I change the locks?

  • LittleMrMike
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06 Sep 12 #354115 by LittleMrMike
Reply from LittleMrMike
You do not lose your matrimonial home rights merely because your spouse is bankrupt.
However, what are these rights ? As far as you are concerned, it''s a right ( if not in occupation ) to return with the leave of the Court ( Family Law Act 1996 30(2)(b).
Your rights will terminate on Decree Absolute, although it is possible for the Court to extend these rights (though in your case I''d say this was unlikely for reasons which I will explain ).
Your practical problem is this : the trustee will, sooner or later, apply to the Court for an order for sale. For various technical reasons, it is not common for the trustee to apply until 12 months have elapsed since the bankruptcy. After that, however, it is extremely unlikely you could prevent it.
I have no practical experience at all with this situation but it seems that, at best, your moving back into the former FMH is, at best, a very short term solution only.
LMM

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