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I would be grateful for some advice -
I was divorced in 2009 and my ex wife agreed to transfer her equity to me. It has taken a while but now my lender has agreed to transfer title to me but she will have to remain on the mortgage.
I remarried in 2009 and have a three year old daughter.
So far, so good. In the latter stages of the first marriage debts were accumulated as ex wouldn't work/stop spending and I ended up with interim charging orders on the FMH in my name only (as I was earning/borrowing). These are now shown on the deeds as restrictions on my share of the property, and if there are any changes then conveyancer has to produce certificate to say that they have been notified. I understand that this means that they are worthless.
My question is - once the title is transferred to me will the chargees be able to go for a full charging order as I will own the title solely?
If my new wife stakes her claim to the home through a restriction at Land Registry would that be sufficient to stop this from happening?
Finally, is there a better way to do this? at the moment if I died then my new wife would have a real mess to deal with without having any legal title and she would have to deal with my ex and the mortgage.
Sorry about the detail but grateful for any advice
I was divorced in 2009 and my ex wife agreed to transfer her equity to me. It has taken a while but now my lender has agreed to transfer title to me but she will have to remain on the mortgage.
I remarried in 2009 and have a three year old daughter.
So far, so good. In the latter stages of the first marriage debts were accumulated as ex wouldn't work/stop spending and I ended up with interim charging orders on the FMH in my name only (as I was earning/borrowing). These are now shown on the deeds as restrictions on my share of the property, and if there are any changes then conveyancer has to produce certificate to say that they have been notified. I understand that this means that they are worthless.
My question is - once the title is transferred to me will the chargees be able to go for a full charging order as I will own the title solely?
If my new wife stakes her claim to the home through a restriction at Land Registry would that be sufficient to stop this from happening?
Finally, is there a better way to do this? at the moment if I died then my new wife would have a real mess to deal with without having any legal title and she would have to deal with my ex and the mortgage.
Sorry about the detail but grateful for any advice
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