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04 November 2011 / James Harrison
Issue: 7488 / Categories: Features , Family , Property
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Trouble & strife

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

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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