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I filed for bankruptcy in 2018 and am now discharged. I have today received a copy of a charging order application under section 313 of the insolvency act with regards to a property I own with an ex boyfriend. I haven't lived at the property in over 10 years, I haven't paid towards the mortgage in that entire time as he lives there. I was forced to move out as he was charged with domestic violence against me and he was bailed to reside at that address. I have had NO contact with him since other than through a solicitor several years ago when I tried to have my name removed from the mortgage however he kept stalling saying because he pays the mortgage and he lives there i wasn't entitled to my 50%. I went back and said I was happy to just forego my 50% and that he didn't need to give me any money all i wanted was my name off the mortgage but he refused saying his credit wasn't good enough to take over the whole amount with the mortgage company. He has no interest in selling the house and since i left he has married and now has three very young children living in the house. I wanted to try and force a sale legally but the advice i received was that it would cost me a fortune to pursue and the likelihood of that happening with children living at the house was slim, in the end I just couldn't afford to keep going so I dropped it.
Fast forward to now and the insolvency service are putting a charging order on the property for my beneficial interest, I told them I don't want to do that and would rather the house be sold and they take their interest in it straight away but they have said they won't do that. I'm now going to be effectively stuck on this mortgage as i know he won't ever sell it. I suppose what i'm really asking is is there any way I can challenge the charging order and force them to sell the property now or can i postpone the court date to allow me to seek further legal advice?
Also they have sent a copy of all this paperwork to him and they have clearly stated my address on it which he will now have, he has had no idea where i lived until now and i would have loved to keep it that way. Is it right that they have disclosed this to him especially given I explained all the circumstances to them over the phone when i called to query what was going on with it all.
Any help greatly appreciated
Fast forward to now and the insolvency service are putting a charging order on the property for my beneficial interest, I told them I don't want to do that and would rather the house be sold and they take their interest in it straight away but they have said they won't do that. I'm now going to be effectively stuck on this mortgage as i know he won't ever sell it. I suppose what i'm really asking is is there any way I can challenge the charging order and force them to sell the property now or can i postpone the court date to allow me to seek further legal advice?
Also they have sent a copy of all this paperwork to him and they have clearly stated my address on it which he will now have, he has had no idea where i lived until now and i would have loved to keep it that way. Is it right that they have disclosed this to him especially given I explained all the circumstances to them over the phone when i called to query what was going on with it all.
Any help greatly appreciated
