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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9147
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Thank you last response. I just wondered if my expartner's

Customer Question

Thank you for your last response. I just wondered if my expartner's creditors would be entitled to a pro data share of the beneficial interest I paid to his Trustee? If the charge on the register does not specifically state that the charge is against the beneficial interest of the debtor, can they apply to the court for an order for sale if they were granted the charge believing my ex was the sole owner of the property?
Submitted: 2 years ago.
Category: UK Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
Just to check - has the Trustee applied to discharge the Orders?
How much is the equity?
Clare
Customer: replied 2 years ago.
I haven't been advised by the Trustee that he is going to do discharge the Orders. I just thought that I would have to write to each chargeholders and let them know that the title had been transferred to me by their debtor's Trustee in Bankruptcy. What I would like to know is, will these chargeholders have to be paid from the proceeds of sale even though they are not my debts? I was unaware at the time that these charges were being registered; my ex partner would probably not have informed the court that I had a beneficial interest in the property. Had I been given the opportunity to attend, then maybe these charges would not have been allowed?
I am not sure how much equity there is in the property as I have been negotiating with the Trustee for the past two years and do not have an up to date valuation.
Expert:  Clare replied 2 years ago.
Hi
For clarity - you are a joint owner if the property and always have been?
Clare
Customer: replied 2 years ago.
I have never been the joint owner of the property, but when my ex partner went bankrupt I argued my case for a substantial beneficial interest and the Trustee in Bankruptcy agreed to sell to me his beneficial interest for £16000. I have signed a transfer form and the legal title will be transferred to me. I presume that when my ex partner was taken to court for debts prior to his bankruptcy, the legal charges were granted on the basis that my ex partner held 100 percent of the beneficial interest. He may not have told the court that I had a financial interest and I never received any documents from the creditors seeking the charging orders.
Customer: replied 2 years ago.
Relist: No answer yet.
Customer: replied 2 years ago.
Relist: I still need help.