Breach Financial court order

[happylife]

Final court Hearing.
As part of divorce my ex has been ordered to pay me £50,000 Lump sum. Which he has defaulted on.

In my court order the statement below is given on another property my husband will get

"BY way of a property Adjustment order, the premises of "House x" Shall stand charged with the payment of the aforesaid lump sum of 50,000.

The applicant wife has the permission of this court to enter a restriction, caution or notice against the title of "house X" so as to secure the payment."


What exactly are my rights here ? Should I take back to the court. I plan on sending him another letter requesting payment. Which I'm sure he will also ignore,

Any help appreciated on what I should do. My divorce Solicitor is just costing more and more money.

[nemesis45]

Re: Breach Financial court order

Final court Hearing.
As part of divorce my ex has been ordered to pay me £50,000 Lump sum. Which he has defaulted on.

In my court order the statement below is given on another property my husband will get

"BY way of a property Adjustment order, the premises of "House x" Shall stand charged with the payment of the aforesaid lump sum of 50,000.

The applicant wife has the permission of this court to enter a restriction, caution or notice against the title of "house X" so as to secure the payment."


What exactly are my rights here ? Should I take back to the court. I plan on sending him another letter requesting payment. Which I'm sure he will also ignore,

Any help appreciated on what I should do. My divorce Solicitor is just costing more and more money.

Hi,

What this means is you can apply for a charging order against the property so that you will be paid from the
proceeds of the future sale of the house.

You could then apply for an order for sale on the property if the court order remains unpaid.
Did you have a solicitor involved in the divorce proceedings if so I suggest seeking further advice from them.

I would suggest that a formal notice to your ex that you intend to seek a charging order within 14 days unless he
pays the order and any costs involved.

nem

[happylife]

Re: Breach Financial court order

Hi,

What this means is you can apply for a charging order against the property so that you will be paid from the
proceeds of the future sale of the house.

You could then apply for an order for sale on the property if the court order remains unpaid.
Did you have a solicitor involved in the divorce proceedings if so I suggest seeking further advice from them.

I would suggest that a formal notice to your ex that you intend to seek a charging order within 14 days unless he
pays the order and any costs involved.

nem

Thanks nem

for the help.

I think my ex is playing for this scenario. To turn my daughter against me.

My daughter lives in the property and pays the mortgage and has a slight interest in the property from a deposit she contributed. My Ex knows I would not sell the property to have my daughter on the street for the lump sum. So I'm in a difficult position now.

I do not think there is 50000 of equity in the property as well. So I would be selling for a shortfall and to put my daughter out without somewhere to live.

I will send the letter to my ex first and seek some advice.

[nemesis45]

Re: Breach Financial court order

Thanks nem

for the help.

I think my ex is playing for this scenario. To turn my daughter against me.

My daughter lives in the property and pays the mortgage and has a slight interest in the property from a deposit she contributed. My Ex knows I would not sell the property to have my daughter on the street for the lump sum. So I'm in a difficult position now.

I do not think there is 50000 of equity in the property as well. So I would be selling for a shortfall and to put my daughter out without somewhere to live.

I will send the letter to my ex first and seek some advice.

I agree the fact your daughter is resident in the property is a problem, none the less a charging
order to secure your interest will not affect her living there and paying the mortgage.

Is the mortgage in your daughters name?

nem

[happylife]

Re: Breach Financial court order

I agree the fact your daughter is resident in the property is a problem, none the less a charging
order to secure your interest will not affect her living there and paying the mortgage.

Is the mortgage in your daughters name?

nem

Hi nem,

no the property is all in ex husbands name. my daughter helped with half deposit though but name is not on Mortgage

she pays the money for the mortgage to her father. Effectively renting it.

He admitted this in the divorce court receipt of deposit and was actually using this throughout so the whole property and deposit would not be taken into consideration.

He has a business property also in his name NOT in the business LTD company name. Can I not get a charge order against that ?

I'm surprised they never looked at this first. He would have paid any threat of the business premises being charged against.

[nemesis45]

Re: Breach Financial court order

Hi nem,

no the property is all in ex husbands name. my daughter helped with half deposit though but name is not on Mortgage

she pays the money for the mortgage to her father. Effectively renting it.

He admitted this in the divorce court receipt of deposit and was actually using this throughout so the whole property and deposit would not be taken into consideration.

He has a business property also in his name NOT in the business LTD company name. Can I not get a charge order against that ?

I'm surprised they never looked at this first. He would have paid any threat of the business premises being charged against.

I suspect that a court would allow a charge on the business property given his breach of the original court order, if you local county
court close by if so I would pop in and get the forms (s) to apply for a charging order.

Give your ex 7 days notice that you intend to get such an order unless the £50K is forthcoming.

nem

[happylife]

Re: Breach Financial court order

Thanks Nem
Yes I've got letter ready to send to him. Asked solicitor for advice about letter. Nothing... So I will do this myself.
You have been far more helpful.

I will try and get down for Charging order form. It's not very far to the family court.

I know for sure he would pay if anything is charged against his business. It's very successful.

He doesn't care if his apartment is sold and most importantly it will cause issue between me and my daughter which is the real motive. We get on great and want to keep it that way. He doesn't.

I was thinking letter should be like below. doesn't mention charging order . should I mention ?



As set out in the court order dated 1st August 2015, you were required to pay me the lump sum of £50,000 no later than the 1st November 2015.

As this date has now passed and no payment has been made, if this money is not received within seven (7) days of the date of this letter, I shall be applying to the court for enforcement of the court order, and requesting debt interest and all costs incurred are added the lump sum from the date of order.

[happylife]

Re: Breach Financial court order

My ex paid up. I could have been knocked over with a feather, didn't see that one coming. maybe his solicitor advised not to mess with court order.