Charge on house by ex husband

[tenyearslater]

I divorced my husband (on the grounds of his unreasonable behaviour) almost ten years ago and as a result moved to a smaller house with our two children. In order to get a house near their school, we eventually came to an arrangement whereby my ex had a charge on the house which meant if I died, remarried or co-habit I should pay him 20% of its current worth.

I am now in a situation where the 'children' are 22 and 19 - one has just started a low paid job and the other is about to start at the local uni so basically they still need to live in the same house and rely financially on me to some extent.

I have a long term boyfriend but we have never lived together although I spend 2 -3 nights a week at his house - we are engaged and intend to marry but this wont be for a couple of years due to complications with his children and business. We have never lived together as man and wife.

My ex is now saying the arrangement is unfair even though it was his idea to do this and at the time I would have gone along with anything. He is now demanding his full 20% and saying if I don't pay he will go to court to get the original order overturned on the basis that is was unfair. I am really worried about where I stand as i don't have the money and only have a low paid job. Could he force us to sell the property and how successful would he be if he went to court?

[Emerald]

Re: Charge on house by ex husband

Did you have the order made through the courts? This is known as a mesher order and usually would state that when the children were 18 the NRP gets his share. If he goes to court then it is likely that he will get the order to sell.. your children are now adults.
Have you had the house valued? Could you remortgage to pay him off?

[tenyearslater]

Re: Charge on house by ex husband

Hi there, thanks for that - just to clarify, we were both legally respresented at the time and the agreement drafted by his solicitor, was ratified by the court and an order was made that repayment should only take place in the following events:
if I remarry
if I cohabit for six months or more
if I wish to move
if I die

No reference was made to the children or their ages anywhere on the document. This being the case are the above comments still valid?

Thanks very much for your help.