What Happens When My Partner or Spouse Owns 50% of My House?

Just because your partner or spouse owns 50% of your home does not mean that the Official Receiver or the Trustee in Bankruptcy will be unable to sell your property.

In some instances, it may be that your partner or spouse will be able to buy your share of the property in order to ensure that it is not sold. We are able to assist in negotiating these purchases with the Official Receiver or the Trustee in Bankruptcy.

However, if you own a share in a property and are made bankrupt the Court will, usually, make an order for the sale of the property regardless of your spouse or partner’s ownership of the remaining part of the property.

If this happens, then the Court will sell the property and give your spouse or partner their share of the proceeds of sale of the property after any mortgage or charges secured against the property has been paid.

Although the Court will take into account the interests of others who live in the property, such as children or the elderly, it is only in very exceptional circumstances that their interests will be sufficient to prevent the sale of a property.

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Just because your partner or spouse owns 50% of your home does not mean that the Official Receiver or the Trustee in Bankruptcy will be unable to sell your property.

In some instances, it may be that your partner or spouse will be able to buy your share of the property in order to ensure that it is not sold. We are able to assist in negotiating these purchases with the Official Receiver or the Trustee in Bankruptcy.

However, if you own a share in a property and are made bankrupt the Court will, usually, make an order for the sale of the property regardless of your spouse or partner’s ownership of the remaining part of the property.

If this happens, then the Court will sell the property and give your spouse or partner their share of the proceeds of sale of the property after any mortgage or charges secured against the property has been paid.

Although the Court will take into account the interests of others who live in the property, such as children or the elderly, it is only in very exceptional circumstances that their interests will be sufficient to prevent the sale of a property.