How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 2466
Experience:  2 Years Insolvency Litigation
Type Your UK Bankruptcy Law Question Here...
Alex J. is online now
A new question is answered every 9 seconds

my husband transfered some land from joint names to my sole

Resolved Question:

my husband transfered some land from joint names to my sole name as part of a divorce settlement now he is being made bankrupt they are chasing me for money, the Divorce papers have been filed but not finalised what are my rights, the mortage of the property is in my sole name and my husband has given all rights away to the property
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.
i can waithanks
Customer: replied 1 year ago.
I will wait
Expert:  Fran-mod replied 1 year ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting on the Professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a Professional or if you would like us to close your question. Thank you for your understanding!
Expert:  Alex J. replied 1 year ago.
Hi,

Thank you for your question and welcome to Just Answer.

Has the trustee in bankruptcy explained why you should make a contribution to your husbands estate?

Did your husband get anything of equal value in the settlement?

Has the mortgage always been in your name? Why was your husbands name on the property anyway?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 1 year ago.
The land was in joint names as my husband owed me in over 40k and not having funds to pay me he agreed to sign over the land to me instead of a cash settlement land was brought in 2001 ffor 41k my husband took no money as a settlement as the pending divorce was caused by his adultry. The trustees are claiming he gave the land to me because of his debts the transfer was made to me prior to any knowledge of this bankruptcy. I have now built a house on this land with a mortgae in my sole name only my husband did sign his rights away to any claim on the proprty
Thanks
Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

Do you have evidence of the 40k debt he owed you and was the land transferred more than 5 years ago?

Kind regards

AJ
Customer: replied 1 year ago.
no it was money i lent him the land was tranfered in 2011 just before i filed the divorce papers in Jan 2011
Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

Unfortunately under S.339 of the Insolvency Act 1986 there is a potential claim the trustee can have against you to unwind this transaction. It is known as a transaction at an undervalue. Where a bankrupt has transferred his assets for little or no value to avoid creditors 5 years prior to the date of the bankruptcy, the trustee can challenge or unwind the transaction.

I would write to the trustee in the following terms:
- You and your ex husband had a legitimate arrangement and the transfer was made prior to any point where your ex contemplated bankruptcy;
- The property is rightfully yours and was part of arrangement for you to relinquish your right to a debt owed for proper and fair value;
- At no point have any creditors been prejudiced from this arrangement and tell the trustee that you want to put him to proof to prove that the transaction was designed to avoid creditors of your ex;
- Tell the trustee that should any court action be taken you will apply for security for your costs under Part 25 of the Civil Procedure Rules.

If the trustee chooses to sue you, you will need to go and speak to a solicitor.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Satisfied Customers: 2466
Experience: 2 Years Insolvency Litigation
Alex J. and other UK Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Max Lowry

    Advocate

    Satisfied Customers:

    60
    LLB, 10 years post qualification experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    60
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    59
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Solicitor

    Satisfied Customers:

    57
    2 Years Insolvency Litigation
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    19
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    12
    solicitor with 8 years experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    47
    PGD Law. 20 years legal profession, 6 as partner in High Street practice