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Divorcee Must Vacate as Ex-Husband is Bankrupt

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

When a woman’s ex-husband was made bankrupt, the mortgage lender on their home sought repossession of the property.

The property had been purchased in her ex-husband’s sole name in 1978. When the couple divorced in 2004, she continued to live in it. He was made bankrupt in 2010 and, the mortgage payments then being in arrears, repossession proceedings were brought by the mortgage lender.

The ex-husband’s trustee in bankruptcy sought an eviction order against her.

The woman’s argument was that she had lived in the property for several years and this gave her the right to remain. However, the Scottish Court of Session ruled that she was not an ‘entitled resident’, and must therefore give up the property.

Consequently, she had no right to oppose the grant of decree for possession.

If you are concerned about your legal position should financial ill fortune befall your spouse, partner, ex-spouse or ex-partner, contact us. Although this case was a Scottish one, in comparable circumstances in England or Wales the likely result would be similar.

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