Originally posted by SantaClaus
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BN66 - Round 2 (Court of Appeal)
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Originally posted by PlaneSailing View PostGood lad- SL -Comment
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Putting everything in the wife's name!!!
Does anyone know whether there is any merit in signing over the house and ALL assets to the wife, so that the house is in her name...Comment
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Originally posted by Cantthinkof1 View PostDoes anyone know whether there is any merit in signing over the house and ALL assets to the wife, so that the house is in her name...
I hope the appeal looks promising, I'm still hoping you get this foul piece of immoral legislation beaten, I'm deeply offended by the idea of retrospection.Comment
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Originally posted by Cantthinkof1 View PostDoes anyone know whether there is any merit in signing over the house and ALL assets to the wife, so that the house is in her name...I couldn't give two fornicators! Yes, really!Comment
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Transferring assets
The Official Receiver will have seen every trick in the book so it's pointless even trying.
http://www.insolvency.gov.uk/freedom...rt2/part_2.htm
33.48 Property in the sole name of spouse, civil partner or cohabitant
Where the property is in the sole name of a spouse, civil partner or cohabitant of the bankrupt, the official receiver should consider the possibility that the property has been transferred into the spouse’s, civil partner’s or cohabitant’s sole name or was purchased with funds provided by the bankrupt with a view to defeating his/her creditors. Such transactions may be set aside (see paragraphs 33.119 to 33.125). Where the official receiver is satisfied that the bankrupt did not provide purchase monies, he/she should make enquiries to ascertain whether the bankrupt has acquired a beneficial interest in the property, for example, by making mortgage repayments, contributing to household expenses etc. The guidance in paragraph 33.52 should be considered in this respect.Comment
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Originally posted by DonkeyRhubarb View PostThe Official Receiver will have seen every trick in the book so it's pointless even trying.
http://www.insolvency.gov.uk/freedom...rt2/part_2.htm
33.48 Property in the sole name of spouse, civil partner or cohabitant
Where the property is in the sole name of a spouse, civil partner or cohabitant of the bankrupt, the official receiver should consider the possibility that the property has been transferred into the spouse’s, civil partner’s or cohabitant’s sole name or was purchased with funds provided by the bankrupt with a view to defeating his/her creditors. Such transactions may be set aside (see paragraphs 33.119 to 33.125). Where the official receiver is satisfied that the bankrupt did not provide purchase monies, he/she should make enquiries to ascertain whether the bankrupt has acquired a beneficial interest in the property, for example, by making mortgage repayments, contributing to household expenses etc. The guidance in paragraph 33.52 should be considered in this respect.
They can also use something called a 'chose in action.'
This is where you have a future claim or entitlement on something such as a redundancy payment due to be made in the future or a savings plan that is due to mature sometime in the future.
They can deem that you can sell this entitlement, even well below its actual value, so you have some money to hand over to them.
Believe it or not, this 'chose in action' was used against the miners to prevent them obtaining benefits during their national strike in the 80's.I couldn't give two fornicators! Yes, really!Comment
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A cohabitant (whether spouse/civil partner or not) may have "occupation rights". A tenant (joint or in common) in a property may also have occupation rights. A tenant in a let property may have occupation rights as a result of the lease. If there are dependant children involved this may extend until they complete full time education.
A judge may be reluctant to issue an order for sale in these circumstances. Particularly where the remaining equity from the other tenants beneficial interest in inadequate to provide needs based housing. Especially where there are minor children involved.
A forced sale in the event of bankruptcy is not a foregone conclusion.Comment
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Originally posted by ASB View PostA cohabitant (whether spouse/civil partner or not) may have "occupation rights". A tenant (joint or in common) in a property may also have occupation rights. A tenant in a let property may have occupation rights as a result of the lease. If there are dependant children involved this may extend until they complete full time education.
A judge may be reluctant to issue an order for sale in these circumstances. Particularly where the remaining equity from the other tenants beneficial interest in inadequate to provide needs based housing. Especially where there are minor children involved.
A forced sale in the event of bankruptcy is not a foregone conclusion.Comment
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Labours campaign slogan
A future fair for all
Errr, there's that word again "fair" and oddly the other word "all".
Well according to the dictionary, I form part of "all". Can't quite marry the 2 together when you look at BN66. But at least it's prospective via the word "future". Rather hypocritical me thinks.
Perhaps the Tories could have their slogan saying:
A past unfair for manyComment
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