Ex’s legal bill secured against home

[Joanne_k]

Hi, I would massively appreciate any advice on this! My husband and I split 3 years ago and I remained in the FMH which was mortgaged in his sole name. I immediately put a charge on the house under the family law act yet 3 months later he secured a Novitas loan for 60k against the house for his legal expenses.

Fast forward to the court judgement and I have been awarded 100% of the home with the mortgage to be paid off in full by him. He hasn’t paid the mortgage for 18 months so I need to sell the house before it’s repossessed on 31 October.

However, because his loan is secured against the house I need to pay his bill out of my equity! It’s galling! He will then owe the money to me instead of Novitas but given his track record I won’t see a penny. I represented myself to keep bills low yet having to pay his!

I feel that because the loan was secured after my charge was on the house the loan was secured illegally. Do I have a leg to stand on? How should I go about it please?

This 60k is the difference between us finding a new home or moving back with my parents. Thank you for reading.

[MIKE770]

Peridot

[jaguarsuk]

Discussion on this has already begun here: http://legalbeagles.info/forums/foru...d-against-home

[Peridot]

Do go and have a look at Amethysts response on the thread mentioned above in post #3. Can we delete this post or amalgamate please Kati Then we can keep track of responses. Thanks

[Kati]

Do go and have a look at Amethysts response on the thread mentioned above in post #3. Can we delete this post or amalgamate please Kati Then we can keep track of responses. Thanks

I'll close this thread, but leave it up in case anyone needs the link Jags posted xx