Ex won't sign house for sale.

[Natalie00]

I'm wondering if anyone here can help. I split up with my husband about 10 months ago and he's now been declared bankrupt. He was the director of a company that was limited and took out a loan and gave it a personal guarantee or something, in any case that basically invalidated the limited part of the company. He now owes about �80,000. There are also other 'charges' on our house so that when we sell, they get paid. I'm due to sign papers next week for the sale of our former home which I currently live in with our 11 year old daughter. If I don't sell it now, then it will be getting repossessed in the new year (and we all know that repossessed houses never go for their true value), my ex is now refusing to sign the papers for the sale of the house. Is there anything I can do or am I going to lose even more money when the reposession comes into effect next year. Any help would be truly welcome as I'm at the end of my tether with the man. Is there any way I can force him (short of physical violence - just kidding!) to sign over, or any legal way? Any help would be much appreciated.

[themas]

If your husband has been made bankrupt personally (as opposed to the limited company being in receivership) then I think you will find that he would have had to declare his part ownership of the house to the Official Receiver (OR). If so, his interest will almost certainly have vested in the OR (who will - probably about a year after the bankruptcy - insist on the house being sold if this has not already been done) and he won't be free to sell the house unless the OR agrees to this. It may even be (but I am not at all sure about it) that the OR would have to sign the papers and not your husband. I assume you have a solicitor dealing with the house sale and he/she should be able to advise you on this.

It may even be possible for you or the solicitor to approach the OR to try to get agreement to a sale. The OR has an interest in maximising the sale price because your husband's share of the equity will go to the OR for the creditors and this share will be larger if you sell before repossession.