Separated 11 years but Charging Orders on my house

[CassCol]

After 11 years of separation I could recently finally afford to remortgage the house on my own. My ex agreed to me having the house as we were only in it together 3 years, my previous house sale paid the deposit and I’ve always paid the mortgage bills and maintenance and I’ve already paid off £16k of his debt. When my conveyancing lawyer went to the land registry he found two charging orders in my ex’s name from 9 and 7 years ago amounting to £50k with interest! These are nothing to do with me! Could a divorce lawyer get a court to hand over the house to me and give him the charging orders? He hasn’t even paid maintenance for the two children! There is only about £80k equity in the house. Thank you.

[atticus]

I suggest that as a first step you read very carefully the wording of the Restrictions on the Land Registry title.

Come back with that wording if you need further guidance.

[CassCol]

It says no disposition of the registered estate, other than by the registered proprietor, or 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 (and the name of the debt company)

[Sam101]

This is to protect the person or company that has an interest in the property. The mortgage company or the lender. How is the property owned? Joint ownership or Tenants in Common?

You do need to seek advice from a divorce solicitor and obtain an agreement as to the assets, and pensions that you and your husband have so that a fair split can be agreed. Without that, then a divorce will not go through.