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Hello my main question is can the ex husband who I am now divorced from place a charging order on my solely owned property? We are not married anymore, therefore it is not a joint asset, nor is it the marital home. I reluctantly had to go through a whole process as part of the divorce which focused mainly on him trying to get a payout after a very short marriage and him not being around for almost 20 years, not providing or contributing to his son and waiting till he was 18 to come with his hand out. I was not able to pay the amount they asked for after losing my job shortly after the hearing. I explained this and offered to pay in instalments but the solicitor went ahead and applied for an interim charging order. I objected. It was granted and I am unable to pay it. I believe there was proceddural errors in the application process and wish to contest it.
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You do not say. Does your ex have a judgement against you?
If there are procedural errors, you can contest on those grounds, but bear in mind that it may be possible to correct them.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Dear Atticus
sorry if this is unclear. Yes they do.Comment
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Then he is entitled to apply to the court for a charging order to secure payment.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Also I did object to it but it was granted. My main question at this point is whether they can make this claim at all given that it is not a marital asset. We are divorced and it is in my sole name.Comment
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You said he has a judgement against you. A judgement creditor is entitled to ask the court to secure payment of the judgement debt. The fact that you were once married but are now divorced does not change that.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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But I can apply to have it set aside due to procedural errors so I will do so, it is wrong on so many levels and it has been horrendous dealing with it all after so many years and him not contributing to his son, or the mortgage, costs, repairs and he lived here for barely any time. It all seems to be about his rights all along, funny thatComment
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How long ago did your ex-husband obtain the charging order that you would like to have set aside?
What sort of procedural errors were there in the application for the charging order?Last edited by PallasAthena; 12th August 2024, 12:28:PM.All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.Comment
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