WEST LONDON LAW
West London Law
Saving Your Family Home from Bankruptcy
At West London Law, we have successfully advised and represented hundreds of clients facing the threat of losing their family home due to bankruptcy. If you're searching for guidance on saving your home in bankruptcy, you've come to the right place. We are experts in dealing with trustees in bankruptcy, helping homeowners prevent the sale of
their property and fight for their rights.
Saving The Family Home
We Can Protect Your Assets
Can Trustee Force the Sale of My Home?
Can a Trustee in Bankruptcy Force the Sale of My Home?
If your spouse, partner, or co-owner is declared bankrupt, their trustee in bankruptcy (or the official receiver) may try to force the sale of your home to pay creditors. This can be a
frightening prospect, especially when your home is at the heart of your family’s security and stability.
Here’s what you need to know:
- The trustee cannot sell your home within the first 12 months of the bankruptcy order.
- However, they have three years from the date of the bankruptcy to take action to claim and sell the property.
- If the trustee fails to act within those three years, they may lose their legal right to sell the home — but only if no protective court order is made.
Defending Possession and Sale Orders
Trustees often file applications for possession and sale of the home. They may also pursue legal claims such as:
- Transaction at an undervalue – arguing that the bankrupt gave away assets or sold
them below market value to avoid repaying debts. - Preference claims – suggesting that payments or transfers unfairly benefited certain
creditors over others. - Fraudulent transfers – claiming that the bankrupt intentionally disposed of assets to
defeat creditors.
Understanding Trustee Powers
Trustees can seek court orders to sell your property or challenge past financial transactions. They may argue that assets were transferred below market value or that certain creditors were unfairly prioritized. We defend clients against these claims and ensure fair treatment under bankruptcy law.
If you’re being served with any of these claims, it’s critical to act quickly. You need skilled legal advice to protect your home from bankruptcy proceedings.
Defending Against Home Sales
How West London Law Can Help Save Your Home?
Our expert solicitors regularly act for spouses, civil partners, and third parties who are at risk of losing their homes in a bankruptcy situation. We specialise in:
- Negotiating with trustees in bankruptcy to reduce settlement amounts and reach fair agreements that preserve the family home.
- Reviewing mortgage contributions and establishing beneficial interest in the property through trust law.
- Investigating who paid the deposit, who made financial contributions, and the legal implications for home ownership.
- Raising technical legal arguments such as resulting trusts, constructive trusts, and declarations of trust to strengthen your case.
Why Expert Legal Help Matters
Expert Legal Advice for Saving Your Home in Bankruptcy
If a trustee in bankruptcy has applied for an order for possession and sale of your home, or is threatening to do so, you need experienced legal representation immediately. Don’t wait
for matters to escalate — early intervention can often make the difference between losing your home and securing your future.
We routinely help clients fight possession and sale applications, settle with trustees, and retain their homes — even in complex and high-stakes cases.
Saving The Family Home
Save Your Family Home
020 7889 0100
Don't let bankruptcy take away your family home without a fight. Call West London Law today for a confidential consultation. We are here to protect your rights, defend your home, and help you navigate every step of the bankruptcy process.
Negotiating Settlements
Challenging Petitions
Reverse Petitions
Directors Liability
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West London Law’s bankruptcy defence expertise helped us navigate a tough financial situation with confidence and clarity.
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West London Law Limited does not provide reserved activities to the public.
Gurvir Birang is a practising solicitor, founder, litigator and bankruptcy expert, authorised and regulated by the SRA. Gurvir Birang practices from Spencer West LLP. Spencer West LLP is authorised and regulated by the SRA.
West London Law is a trading name of West London Law Limited, registered in England and Wales (company number 06776937).
West London Law was set up in 2003 and became non-regulated in 2020 and is no longer a firm of solicitors. This website is for marketing purposes only.