bankruptcy gifting
Bankruptcy and transfer of property by a court order?
Hills v Haines 2007 is the only case I can find where a court order for a transfer of property (to ex-wife) has been overruled following the bankruptcy of the husband.
My hubby declared bankruptcy last week as his ex stitched him up good and proper. £63,000 debt (90% of which is for the former matrimonial home).
In court last year he was ordered to transfer the property, contents and convertible to the ex despite forged signatures, discrepancies and an unsigned declaration of trust on a piece of scrap paper which entitled her mother to 1/3 of the property. She had put money in as a gift to avoid inheritance tax.
Can anyone please advise if they have heard of any similar cases?
Thanks in advance
Jeanimus, thank you. Do you know of anyone?!
Always wanted to train as a barrister but don’t have the flipping time!
Ive not heard of any other either. But Id try and get a barrister who wants to make a name for himself to take your case on. A straight transfer (even by a court order) is still essentially giving away property. And some value of the marital home would have been due to your husband and therefore a viable asset.
Anyway the Trustee should look at it soon and he’s the one really that will make the decision wether to dispute it. Your husband had no choice but to make the transfer so there shouldnt be any comeback on him.
