Ex has Charging Order on our House

[Julies6898]

Hi, could i please have some advice? My ex (we weren’t 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?

[atticus]

Can you please quote the exact terms of the restriction entered on the Land Registry title document for your property.

[Julies6898]

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

[atticus]

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.

[Julies6898]

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.

[atticus]

yes.

[Julies6898]

Great, thank you for your help.

[Julies6898]

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?

[atticus]

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%.

[Julies6898]

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

[atticus]

Q1. That would help.

Q2. This may lead to action to force a sale.

[ohitsonlyme]

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/

[Ben2021]

My divorce has been going on for 3 years now and my wife’s 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 isn’t 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 isn’t entitled to anything but she knows it is making things harder for me