header-logo header-logo

Trouble & strife

04 November 2011 / James Harrison
Issue: 7488 / Categories: Features , Family , Property
printer mail-detail

James Harrison examines the impact of bankruptcy on marriage

“For better, for worse, for richer, for poorer…” While nobody enters a marriage expecting it all to go wrong, in these rocky times, the threat of bankruptcy is ever present. It is often only at the time of bankruptcy, by this stage too late, that spouses realise how exposed they are to a cold-hearted trustee in bankruptcy selling their home from under them. While it may feel like their life is collapsing like a house of cards, in terms of bricks and mortar, the non-bankrupt spouse’s position requires detailed analysis to ascertain what they own.

Understanding what the spouse owns and how that interest is valued is key whether you are structuring a couple’s affairs when bankruptcy is not an issue, or seeking to protect or assert a beneficial interest in the face of a trustee in bankruptcy investigating the bankrupt spouse’s interest. This article looks at the key legal principles in valuing the non-bankrupt spouse’s interests and the recent legal developments in this ever-evolving area of law. While we will focus on the law

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll