Charge removal from property

[Baileyteddy1]

Hi all I separated from wife about 5 years ago and I stayed in family home the property is in my name and mortgage in my name . Wife has put a charge on the property with land registry from family court children all grown up and no longer live in house .Now I want to divorce her so my question is do I have to sell property and give her half .I know where she lives but never see her .Thanks

[echat11]

Hi BAILEYTEDDY1

I can't answer directly, I sure other members will.

Here's some info in the meantime - https://www.citizensadvice.org.uk/fa...-you-separate/

[Law Student 6]

As your name is on the deed and mortgage it is your choice whether to sell or not. You can always buy your ex partner out.




When divorcing you and your ex-partner need to agree how to separate your finances under a financial settlement order. You can usually avoid going to court hearings if you agree how to split your money and property.




However, if you cannot agree either how to split the family home or to buy your ex partner out for a reasonable price your case will go to court. With the assistance of your divorce lawyer, the District Judge will attempt to assist you on reaching an agreement on your finances and usually indicate what they think would be a reasonable outcome. Most likely keeping in mind the 5 year desertion, you being the sole owner and your name on the mortgage and if any contributions have been made towards the house by your ex partner at all.




Hope this helps.

[Law Student 6]

ULA Celestine