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.

[Amethyst]

It may have been a restriction on the property against it being sold,( and not against second charges being applied) and to ensure you had occupation rights until the financials were sorted with the divorce as opposed to a charge.
Have you got a copy of the deeds from the land registry to see exactly what the position is ?
Also do you have a copy of the financial order from the court?
Was the house to be transferred to you once the mortgage was completed ?
Have you done anything about his failure to pay the mortgage over the last 18 months?
Was the Novitas loan disclosed during the financial proceedings? ( and have you seen copies of his final legal bills at any point - Novitas seem to have a drawing account with a total figure secured but only take what was actually drawn, so it may not be the full £60k 'owed')