- Tue Aug 28, 2007 12:11 pm
Thanks for the reply Sandy,
The first offer was made some 2-3 months back.
I have been reading the OR Technical Manaul & have found this do you think I will get far arguing with the Trustee over the BI split?? It seems that everything is stacked in their favour & I have little or no rights at all.
http://www.insolvency.gov.uk/freedomofi ... part_2.htm
33.39 Types of contributions
Any contributions to the deposit and/or the mortgage should be considered in the calculation. Where the property was purchased with the assistance of a mortgage, the common intention of the interests of the parties in the property may be inferred by the source of the deposit and the arrangements for repaying the mortgage as explained below in (a) to (e)
If the bankrupt received assistance from another (‘A’) in payment of the deposit, it may be inferred that it was the intention of the parties that A would share in the beneficial interest. It is likely that A will gain some interest in the property, unless the assistance was given in the form of a gift or a loan.
If A made direct contributions to the mortgage repayments from his/her own funds and had provided some or all of the deposit for the purchase, it may be inferred that his/her interest in the property will be increased.
If A provided some or all of the deposit for the purchase, did not make direct contributions to the mortgage instalments but paid other joint household expenses from his/her own monies, it could be inferred that these payments were intended by both parties to be a contribution to the price of the property. Accordingly A’s interest in the property will be enhanced by that contribution.
If there was no contribution by A to the deposit, but the bankrupt received assistance from A in payment of the mortgage repayments, A will accrue an interest in the property provided that the contributions were direct, regular and substantial.
Similarly, where the payment of the household expenses by A was substantial, an interest may accrue to A. The extent of the interest will depend upon the amount of the contributions and what can be inferred from the conduct of the bankrupt and A on how the beneficial interest would be shared.
Note: Contribution to deposit; Contribution to deposit and mortgage payments; Contribution to deposit and household expenses; Contribution to mortgage only; Contribution to household expenses only