Time to get divorced :-)
Clearly there is no point transferring property or other assets into your spouse's (or anyone else's) name because if you are declared bankrupt they can go back 5 years. However, the courts have upheld that this doesn't apply in the case of a divorce settlement.
A Court of Appeal decision has upheld the rights of ex-spouses to keep property they have been granted in the divorce settlement even though their former partners have since been made bankrupt, says law firm DWF.
...
The trustees administering the bankruptcy case applied to the courts to have Mr Haines’ share of the farmhouse returned to help pay off his debts. This was in line with insolvency rules which allow property transferred to another person before the bankruptcy to be clawed back up to five years later if it could be shown that the transaction was at an undervalue.
http://thatsnews.blogspot.com/2007/1...ow-for-ex.html
Clearly there is no point transferring property or other assets into your spouse's (or anyone else's) name because if you are declared bankrupt they can go back 5 years. However, the courts have upheld that this doesn't apply in the case of a divorce settlement.
A Court of Appeal decision has upheld the rights of ex-spouses to keep property they have been granted in the divorce settlement even though their former partners have since been made bankrupt, says law firm DWF.
...
The trustees administering the bankruptcy case applied to the courts to have Mr Haines’ share of the farmhouse returned to help pay off his debts. This was in line with insolvency rules which allow property transferred to another person before the bankruptcy to be clawed back up to five years later if it could be shown that the transaction was at an undervalue.
http://thatsnews.blogspot.com/2007/1...ow-for-ex.html
Comment