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Trustees sold our house and Land Register said matrimonial charge agaisnt our house is now cancelled

G Updated

Hi, I wonder is any body can help or give me advise here please. This is the summary. Husband and I had been married in Singapore in 2001. Late 2004 we've moved here. 2005 monetary, emotional and physical abuse started along side being very controlling, isolating me and verbally abusive to my oldest daughter. 2010 I discoverd that he has been having an affair and living with this other woman  for nearly 3 years while he was working abroad spending 3 weeks there and 1 week here. A year later (late 2011) we verbally agreed to separate. Both remained in the same house on my it was because I had nowhere else to go and I have no income me being a fulltime mum to our 3 kids. The abuse kept going and has escalated to the point where the police came and took him and strongly advised me to get an injunction against him to protect myself which I did. Make story short he had made himself bankrupt by not paying my daughter's school fees and not paying the mortgage. Trustees took over and sold the family home. I got a letter from the Land Registry that the charge I had for matrimonial right agaisnt the house is now cancelled due to the house being taken over by the trustees.  Now house is sold and money left after debts  is going to the registered  proprietor. The house is only under his name. Can anybody give me an advice? I am now living in a rented accomodation with 2 kids under 18 and Im worried we might get nothing. He lives and work abroad.

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I'm no expert but I would have thought his creditors only have a right to his half of the house. The fact that it was in his name only is of no consequence. Anyway, question is, what to do about it now.

I have been advised that if someone goes bankrupt within 5 years of divorce, the financial settlement can be revisited. Admittedly I was told this in the context of a potential bankrupt possibly being generous to a spouse as a means of avoiding paying other creditors, but presumably it works both ways. If you google his name together with Gazette, this should lead you to the official notice of his bankruptcy, which will give you details about it (in case you don't have them) including a telephone number to ring. Bankruptcy is normally discharged after one year; if his has not been discharged yet you ought to be able to speak to someone about it. But I do not know what the pros and cons would be of this approach.

I would advise you if you have not done so already to post this question in the forum, not here. This is a space for blogging, but on the forum people ask questions and are more likely to get replies with helpful advice.

In the meantime, I would say take legal advice. A lawyer may offer you a free first session, there are also law clinics about the place staffed by law students, and then there is the CAB consumer advice bureaux.