Insolvent husband

Byford v Butler [2004] 1 FLR 56

After the husband had been declared bankrupt, he and his wife continued to live in their house until his death. The wife paid all the mortgage instalments. The husband’s trustee in bankruptcy claimed an entitlement to half the value of the house which had substantially increased. Although the wife was entitled to credit for the mortgage repayments, the trustee was entitled to set-off against these an occupation rent for the wife.