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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7612
Experience:  BA (Hons), PgDip, Practising Solicitor
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If I force a client into bankruptcy can i go after any equity

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If I force a client into bankruptcy can i go after any equity in the property if his house is in his wifes name and he's lived there for 13 years



Thanks for your question.


If the house registered in her name then you would not be able to register a charging order against the property. You can only enforce the judgement against his assets. Any application you attempted to make would hang on trying to establish that he had an gained interest in it under trust, which is very difficult to do, would be expensive and would certainly be defended by the wife. She would probably be successful.


If the property was transferred in to her name in order to defraud his creditors (ie you) then you may have a claim against it, as the Court has wide powers against such transactions. Do you know when she was registered as the owner of the property?


I can tell you how to check if you do not.



We will obviously continue this dialogue, but if it is useful I would be grateful if you woud kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,



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