• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Ex has Charging Order on our House

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ex has Charging Order on our House

    Hi, could i please have some advice? My ex (we werenít married) and I split up in 2006. He left the property and i lived there with our children. In 2013 he received a charging order on his half of the property for £75k. The house was worth around £140k then, £25k equity approx. He was paying maintenance but hasnt paid for the last 8 years. If the property was sold would i be able to argue that the equity shouldnt be split 50/50 to pay off his debt if he hasnt been contributing to the mortgage or the upkeep of the property? The house is worth around £190k now, £80k equity approx.

    Do charging orders ever get cancelled out after a period of time?
    Tags: None

  • #2
    Can you please quote the exact terms of the restriction entered on the Land Registry title document for your property.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi, Thank you for your reply. It says the following:

      RESTRICTION: No disposition of the registered estate,other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to xxxxxxx being the person with the benefit of an interim charging order on the beneficial interest of xxxxx made by xxxxxxx County Court on 31 October 2013

      Comment


      • #4
        read that wording carefully. It is what is known as a Form K restriction. It gives a creditor limited security. The property can be sold. All you have to do is notify the judgement creditor that the property has been sold.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Ok thank you. Would i be able to argue that the equity shouldnt be split 50/50 to pay off his debt if he hasnt been contributing to the mortgage or the upkeep of the property? The house is worth around £190k now, £80k equity approx.

          Comment


          • #6
            yes.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Great, thank you for your help.

              Comment


              • #8
                Hi, my ex is now saying he may claim bankruptcy, where would this leave me? Who would then own is half of the house? My youngest child is 18 in June could they force sale?

                Comment


                • #9
                  If your ex becomes bankrupt, his interest will vest in his trustee in bankruptcy, who will seek to realise that interest, probably by offering to sell it to you. And yes, he could seek to force a sale.

                  You will need to prepare your case to argue that his share in the equity should be a lot less than 50%.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    Thank you, i was going to do that whichever way it goes. Do i need proof of things Iíve paid for? What would happen if they did offer it to me but i couldnt buy it?

                    Comment


                    • #11
                      Q1. That would help.

                      Q2. This may lead to action to force a sale.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        If the house is in joint names you own 50% of the equity and do not have to proove anything Unless says you owe him rent for living in his half the house

                        The restriction states that the charge is against your ex beneficial interest and not yours..

                        You can both sell the house and notify the people wiith the charge after sale without repaying the restriction.
                        you will get 50% ex will get 50% creditors nothing!!

                        read the following link:https://guildfordchambers.com/charging-order-works/
                        Last edited by ohitsonlyme; 4th February 2023, 05:54:AM. Reason: typos

                        Comment


                        • #13
                          My divorce has been going on for 3 years now and my wifeís solicitors are being unresponsive. We sold our home when split and shared 50/50 she never contributed towards anything from day 1. Only together less than 2 years married. After split my family helped me build a house for myself which they financed we have all evidence of this. Her solicitor has filed an interest against this property I can not borrow or sell this house and have to pay to take her to court just to prove it which isnít right when she has not proven her financial input as is none. Can anyone help as I really need to sell need the money before forking thousands out to take her to court. Also they are not responding as we know she isnít entitled to anything but she knows it is making things harder for me

                          Comment

                          View our Terms and Conditions

                          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                          Working...
                          X