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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32980
Experience:  award winning lawyer with over 15 years experience
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I have remortgaged my property without my wife knowing. I

Customer Question

I have remortgaged my property without my wife knowing . I now intend going bankrupt because I'm in negative equity . Can my wife now stand claim to a share in the property even against the bank as I never sought her permission in the first place . Should my solicitor not of asked her to sign a tenency to morgage agreement . And should he be liable .
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.

How is the property held?

Customer: replied 1 year ago.
The bank has the deeds of the property
Expert:  Thomas Judge replied 1 year ago.

But are both of you on the deeds and any other mortgages

Customer: replied 1 year ago.
Only myself on the deeds. Also the house is remortgaged for £205 k and I have a morgage on another field and building site at £127 k and house only worth £100 k
Expert:  Thomas Judge replied 1 year ago.

Well if it is only your name on the deeds and the mortgage then there is no reason to believe that the solicitor was negligent. He does not need to suggest that there should be a tenancy for your wife. You wife in divorce proceedings would be able to bring a claim for a share of the house if that was her intention

Customer: replied 1 year ago.
The field that I have the building site on I have possession of the deeds. Now how can I safe guard this from the bank if I intend to go bankrupt . Do I put it in my sons name or possibly get someone to put a financial burden against the deeds .
If I was to put it in my sons name how long would I have to wait until I go bankrupt so the bank can't lay claim against it.
Expert:  Thomas Judge replied 1 year ago.

It is not that straight forward. As in law when someone applies for bankruptcy they have to disclose what assets they have and if they have sold anything of value within the past five years and this includes transferring the home into the wife or sons name only and it also includes cars and land.

If you do that and go bankrupt within the five years of the date of transfer then expect the Ofiicial Receiver to come looking and I have to agree - one should not remove assets from creditors.

Bot***** *****ne then, if you are thinking of going bankrupt should first take professional financial advice to ensure that this is the right course of action for you.

Expert:  Thomas Judge replied 1 year ago.
I hope that this helps
Please remember to rate positively- thanks

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