Subject: Re: D Tel: English bankrutpcy trustee seizes ex-wife's share of marital home
From: Richard Miller
Date: Fri, 20 Jul 2007 16:09:40 +0100
Bytes: 2785
Newsgroups: uk.legal misc.legal misc.taxes uk.finance
In message <1184912367.843312.235940@w3g2000hsg.googlegroups.com>,
mail1606808@bupkiss.net writes
>Mr Avis had backed his wife in her appeal against a ruling of the High
>Court that their agreement in 1985 did not override the need to pay the
>creditors.
>
>The trustee in bankruptcy, Charles Turner, had sought to have the house
>sold but Mrs Avis argued at the High Court in May 2006 that no order
>for sale could be made because none of the events specified in the 1985
>agreement had occurred.
>
>They were that she had the exclusive right to live in the house - as
>long as she paid for its mortgage and day-to-day maintenance - until
>she decided to move, remarried, began cohabiting with another man in a
>stable relationship, or died.
>
>There will have to be a further hearing to decide whether this case is
>exceptional enough to let Mrs Avis continue living in her home, which
>was valued at about £150,000.
>
>http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/07/20/nwife120
>.xml
OK, that one is going to be appealed to the House of Lords and
overturned!
What Mr Avis owns is a one third share that cannot be realised until
certain pre-conditions apply. That is all the trustee in bankruptcy is
entitled to.
Otherwise, watch the queue of vengeful ex-husbands declaring themselves
bankrupt and clearing all their debts overnight by making their ex wife
and children homeless.
--
Richard Miller
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