Bankruptcy and buying a home with a disability

MartinR
Online Community Member Posts: 14 Listener
I'm stressing out over my current situation. It would be great if someone can offer some help or advice.
Due to my illness, I was no longer able to continue with my usual labour intensive business. This left me in a situation where I could no longer afford to pay my debts, so I became bankrupt in 2021.
I live with my partner in her own fully paid for house.
One of my health problems leaves me with an uncontrollable bowel. I get very little warning and need to get to the toilet very quickly. Once I've emptied my bowel, I'm free to carry on as normal. My problem is, I need free access to a toilet. If the toilet is occupied when I need to go, it's not pleasant.
We have decided to buy a house with 2 toilets. We have put an offer in for a house which has been accepted. We have sold my partners current house.
We both reach retirement age this year. We don't have savings, so money will be fairly limited.
The house we are buying is of higher value than our current house. We have raised the extra funding through Equity Release. We fully understand how E.R. works and we have no concerns because it suits our circumstances.
Here's the problem:
I was released from my bankruptcy in 2022. The Accountant in Bankruptcy has stated:
"The relevant date is also known as the aquirenda period which is 4 years from the date of award of sequestration which would be 23 June 2025. If Mr ********* were to purchase the property in ********* then the case could be reopened, a trustee reappointed and any equity share ingathered either through either the property being sold or an agreement between Mr ******* to buyout the interest of the trustee."
This leaves me with the following options:
Due to my illness, I was no longer able to continue with my usual labour intensive business. This left me in a situation where I could no longer afford to pay my debts, so I became bankrupt in 2021.
I live with my partner in her own fully paid for house.
One of my health problems leaves me with an uncontrollable bowel. I get very little warning and need to get to the toilet very quickly. Once I've emptied my bowel, I'm free to carry on as normal. My problem is, I need free access to a toilet. If the toilet is occupied when I need to go, it's not pleasant.
We have decided to buy a house with 2 toilets. We have put an offer in for a house which has been accepted. We have sold my partners current house.
We both reach retirement age this year. We don't have savings, so money will be fairly limited.
The house we are buying is of higher value than our current house. We have raised the extra funding through Equity Release. We fully understand how E.R. works and we have no concerns because it suits our circumstances.
Here's the problem:
I was released from my bankruptcy in 2022. The Accountant in Bankruptcy has stated:
"The relevant date is also known as the aquirenda period which is 4 years from the date of award of sequestration which would be 23 June 2025. If Mr ********* were to purchase the property in ********* then the case could be reopened, a trustee reappointed and any equity share ingathered either through either the property being sold or an agreement between Mr ******* to buyout the interest of the trustee."
This leaves me with the following options:
- Stay where we are, and suffer the inconvenience of not having free access to a toilet in the mornings. (It's more than an inconvenience, I have no control over how quickly my bowels want to become empty in the mornings)
- Both myself and, Partner buy the house with 2 toilets jointly, then we lose the house because the trustees will pursue me for my share of the property.
- My partner buys the house in her name only. This adds a further problem as we are using equity release to buy the new house. Should my partner pass away before myself, I would have to leave the property.
Whatever way we go, I am being penalised because my health has triggered a set of events that are spiraling out of control.
I'm leaning toward option 3. and just prepared to deal with the consequences if, and when they happen!
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