Charge on property

[LindaR]

I have a joint mortgage with my husband (now divorced but still have both names on mortgage)Before our separation/divorce he had a ltd company and he was taken to court by clients.A charge was put on our property the debt was divided half in the company name and half in my ex husbands name.I was not present in court nor was I made aware of this matter till I received a letter from the Land Registry informing me that this had happened.
As I said we are now divorced,I still reside at the property with my sons (25&16).I am not in a financial situation to seek a solicitor to deal with this matter.So would appreciate any advice how I go about dealing with the removal of this charge as it has nothing to do with myself?
Also as my older 2 children were not my husbands when we got this property I had the deeds of the house put in my 3 children’s names which I was told by my solicitor meant my husband had no financial claim to my house.
I am looking at selling my property in the next few years to downsize and help my older 2 sons with a deposit on their new homes but obviously this charge will prevent me from helping as it will take a huge chunk on the equity and it can’t be right that we as a family will suffer for what was ultimately my ex husbands fault?

[islandgirl]

I am not an expert and am sure some will be along soon but a) the charge could only have been put on when your ex husband DID have an interest in the property and b) I do not understand how ownership could have been changed without the charge having to be settled (or perhaps I misunderstand the system?)

[ostell]

I think the first thing is to get details of the property register from the land registry just so that you can see what is actually there. £3 online.

[LindaR]

The mortgage is in joint names even still as since our divorce I can’t qualify to have the mortgage in my name alone.But nevertheless when we signed for this property I was given 3 choices 1/a 50-50 mortgage,2/ protect the £100,000 o put into the new joint property as I had a property of my own in sole name or 3/put the deeds in my 3 sons names which meant my husband could live in the property but not sell it.So when this matter went to court they would not know these details and assumed that because both our names are on the mortgage and therefore registered with the Land Registry he was a joint owner....it’s an unusual situation.I’ve looked in to who actually holds the deeds to the house as the solicitor who dealt with it say they do not keep records that far back (17 years).
What I do not understand is how the court allowed it as it was a limited company and we are all having to pay as a family.I asked CAB but they weren’t really much help apart from telling me that it is I face fraud but it was a judge that approved the order?

[des8]

How were you able to register the house in your childrens' names, as a minor cannot take legal title to real property?

It is possible your ex husband has an equitable interest in the property.

Have you obtained the details from property register as suggested ostell ? That will be a start
https://www.gov.uk/search-property-i...-land-registry

[LindaR]

Details from the land registry?And no the property is listed with them in mine and my husbands names but this only meant we were liable for the mortgage not that the house would be an asset or belong to my ex husband.As I explained in my first post I was given 3 options when we signed the contract for this property 50/50 mortgage,have the £100,000 I put into the house protected or the deeds to be in my 3 sons names as this would ultimately be their inheritance

[ostell]

Having both names on the register is not related to the mortgage. You and your husband are joint owners.

[des8]

You say "And no the property is listed with them in mine and my husbands names"
I'm sorry but that is not clear.
Yours sons are adults then?
No more than 4 persons can be registered as owners, so is there a deed of trust?
If there is, anyone advising you will need to see the exact wording of the trust.