Rule 6.237B Vesting of bankrupt’s interest (unregistered land)F1
Where an interest in a dwelling-house which at the date of the bankruptcy was the sole or principal residence of—
the bankrupt;
the bankrupt’s spouse F2or civil partner ; or
a former spouse F3or former civil partner of the bankrupt,
ceases to be comprised in the bankrupt’s estate and vests in the bankrupt under either section 283A(2) or 283A(4) of the Act or section 261(8) of the Enterprise Act 2002 and the dwelling-house is unregistered land, the trustee shall issue the bankrupt with a certificate as to the vesting in [FORM 4.23]Form 6.84 as soon as reasonably practicable.
A certificate issued under paragraph (1) shall be conclusive proof that the interest mentioned in paragraph (1) has vested in the bankrupt.
As soon as reasonably practicable after issuing the certificate under paragraph (1) the trustee shall, if the dwelling-house was the sole or principal residence of the bankrupt’s spouse or former spouse F4 or civil partner or former civil partner, notify such person, that the application has been made.
The trustee shall notify every person who (to his knowledge) either claims an interest in the dwelling-house, or is under any liability in respect of the dwelling-house that an application has been made.
Annotations
Textual amendments
- F1
Rules 6.237-6.237E substituted for rule 6.327 (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 51
- F2
Words in rule 6.237B(1)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(4)(a)
- F3
Words in rule 6.237B(1)(c) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(4)(b)
- F4
Words in rule 6.237B(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(4)(c)