COMMON INTENTION CONSTRUCTIVE TRUST IN BANCRUPTCY

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Rob Legat - SBPL

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16 February 2017
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It depends on your question. We won't know until you ask it.
 

BODI

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22 May 2020
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I and my partner living together nearly 13 years now. He bought the land we are currently living in. we have 3 kids. He was doing business in the same property. it is quite a big land. I moved here as he was telling me that I also have an interest inland. I contributed financially and non-finacilay to the development of the land and the business. I even signed as a guarantor for the mortgage he took to develop business. He got bankrupt and now we have a trustee in bankruptcy. We don't want to leave the land because I believe that I can claim equitable interest on the property. What we can do? Will my guarantee thing affect my claim? Is any case law similar to my situation? What interest I can claim?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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514
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Gold Coast, Queensland
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What you need to do is engage a lawyer - this isn't something you can do yourself, and is beyond the scope of the answers you'll get here. Proving an equitable estate against a bankruptcy trustee is very technical and you'll need an extensive review of all the facts to make a case claiming an interest. Remember: this can be seen as a move designed to defeat creditors, so it will be looked at with suspicion.

For example of similar circumstances from the other side of things, see here: Bankruptcy Trustees And Equitable Interests - Insolvency/Bankruptcy/Re-structuring - Australia