Where one spouse is made bankrupt a share in a matrimonial home
may form part of the assets in the bankrupt’s estate.
The property may not have to be in joint names for either spouse to be able to claim a share.
Although a bankrupt may not be married there may still be a share in a jointly owned property.
Disputes may arise over
It may become necessary for the Revenue to consider a guarantee of costs for the trustee to pursue the property
INS9503 for the time limits for realising
a bankrupt’s interest in property.
After issue of the final claim letter
But if the debtor’s spouse or children are living with the debtor, it may be possible for a sale by the trustee to be delayed until the end of the first year of the bankruptcy.