Family Home

October 2010

Part 7

Family Home 

24.75 Introduction

The official receiver should identify any freehold and/or leasehold property in which the bankrupt has an interest that qualifies as a family home. A family home is defined as one in which the bankrupt has an interest in a dwelling-house which is either solely or jointly owned and is the sole or principal residence of the bankrupt, the bankrupt's spouse or civil partner, former spouse or former civil partner at the date of the bankruptcy [Note 1]. For more information on the family home and establishing the bankrupt’s interest see Chapter 31.3.

 

24.76 Disclosure of a family home

The official receiver, as receiver and manager, is unable to take any action to claim the bankrupt’s interest in a family home for the benefit of the estate. Only the trustee can take a number of measures to ensure that the bankrupt’s interest in a family home does not re-vest in him/her after a period of three years [Note 2].

 

24.77 Non-disclosure of family home

The bankrupt has three months from the date of the bankruptcy [Note 3] to notify the official receiver of an interest in a property that qualifies as a family home. In certain circumstances the official receiver may still be receiver and manager for a period after the three months have expired [Note 4]. If the official receiver, as receiver and manager becomes aware of a property in which the bankrupt has an interest that qualifies as a family home, after the three month period, he/she should make a note of the date of discovery and inform the trustee on his/her appointment [Note 5]. 

 

[Back to Part 6 - Non surrender and non co-operation cases] [Onto Part 8 - Freehold and/or leasehold property, sale or notice to elect]