Thank you for your question
My name is Clare
I shall do my best to help you but I need some further informtaion first
When did he go bankrupt?
What is the charge for?
So the Charge was Registered prior to the bankruptcy?
Did you purchase your ex's share of the property at the time of the bankruptcy
I assume that the Charge was taken into account when agreeing the price?
It is a little more complex than that
Did you attend Court when the Charging Order was applied for?
Actually there would have been - the Charging Order would not have been made.
What is the equity now?
However there are still some points to look at
Is the hose the only asset - and what income do you each have?
Is his lack of work his choice?
My apologies I have been in Court all day
I am afraid that the Charging Order stands.
Any debts secured on the property survive the Bankruptcy - this is the point of obtaining one.
Accordingly I am afraid that it stands
However within the financial side of the divorce proceedings you can still seek and Order that your ex pays the debt albeit in installments
Given his earning capacity this is a viable request and would be your only way forward I am afraid
Please ask if you need further details
Actually you raise an interesting point
Technically a Charge on a jointly owned property can only "bite" on the share owned by the debtor.
In your case at the time it was created there was no equity (which is why if you had objected it would not have been granted)
The Bankruptcy came very swiftly on the heels of the Order and again at that point it was still in negative equity so again it could not "bite"
Since the date of the Transfer all the legal interest has been yours - although do be aware that since that point your husband may again have accrued an interest in the property by virtue of it being the matrimonial home - and indeed it could be argued that accordingly there is still an interest for the charge to relate to.
Despite that potential complication I would certainly try and have the Restriction lifted using the form here
and send it with the supporting valuation and a copy of the TR1
If that fails then yes you will have to argue it within the financial settlement