Commentary

277 Respective interests of spouses or civil partners

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

277 Respective interests of spouses or civil partners

| Commentary

277 Respective interests of spouses or civil partners

Trustees commonly have to bring proceedings for possession and sale of a family home. The question whether the bankrupt, his spouse (or civil partner) or any other person is entitled to a beneficial interest in the home, and the extent of his or her interest in it, will be governed by the general principles relating to ownership of property that apply to it. Those principles were restated by the House of Lords in Stack v Dowden1.

If it is established that the home is owned beneficially by the bankrupt and his spouse (or

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