Author Topic: Bankruptcy - reducing beneficial interest of home  (Read 54646 times)


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Bankruptcy - reducing beneficial interest of home
« on: Nov 18, 2017, 12:08:12 PM »


With a bankruptcy hearing imminent, I’d like to put the following case study for advice please:

A sole trader is to be made bankrupt and jointly owns a home on a 75/25% Tenants in Common share with their partner, their 25% share being the beneficial interest relevant to the bankruptcy which is at risk.

Their partner runs a limited company from the home (an office and outside store), with no rent etc charged.

If the bankruptcy is filed, is there anything that can be done by the partner using their limited company to reduce the 25% beneficial interest at risk?

Many thanks in advance.

Lisa Thomas

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Re: Bankruptcy - reducing beneficial interest of home
« Reply #1 on: Nov 28, 2017, 11:41:55 AM »
Hi I believe I have answered this on another forum but the non- bankrupt owner will need to reach an agreement with the Trustee to buy out the bankrupt's interest in the property.

If there is sufficient equity and they, or third parties are unable to do this then the property is at risk of being repossessed and sold by the Trustee.

The non-bankrupt owner will receive their share of the net proceeds. 01752 786800


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Re: Bankruptcy - reducing beneficial interest of home
« Reply #2 on: Jan 02, 2018, 01:20:48 PM »
If you have a debt problem, one of your options for sorting it out might be bankruptcy. You can apply for bankruptcy if you can't pay back your debts. As well as applying for bankruptcy yourself, someone else you owe money to (a creditor) can apply to make you bankrupt, even if you don't want them to.

Source: DNS Accountants


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Bankruptcy reducing beneficial interest of home
« Reply #3 on: May 11, 2019, 09:07:05 PM »
Two people own a property together. They split up and agree that the beneficial interest of the property of the one party be one of them.transferred to the other party: they still hold a joint trust, but one has no beneficial interest.
The one with the beneficial interest dies, leaving the sole surviving trustee with no beneficial interest.

Clearly if the property was sold, then that trust would be transferred to the new owner, but what happens to the trust if the trustee dies before that sale happens?


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Bankruptcy reducing beneficial interest of home
« Reply #4 on: Jul 10, 2019, 09:13:37 AM »
This has in teh past been a fairly common problem.
Trusts of Land and Appointment of TrusteesAct 1996 set out to remedy.