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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Received notification of an interim charging order on the

Resolved Question:

Received notification of an interim charging order on the house I jointly own (tenants in common) with my ex husband. This relates to a his debt. On divorce, agreement was I stay in the house with the kids (4) and he contributes to their upkeep. He has paid nothing towards the mortgage or anything else and actually moved abroad so that I couldn't legally pursue it. I am now worried that I may be forced to pay off his debts so I don't lose my home. What do I do? Can I legally challenge this and how? I was saving up to buy him out, is this going to affect the process? He has a lot of debt he has defaulted on, what can I legally do to protect myself from similar claims in the future. Can I counter sue for the equity for non payment towards the kids' upkeep? Would a clean break agreement protect me from situations as this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was a financial order made at the time of the divorce - if so what does it say about the house?
Clare
Customer: replied 2 years ago.
It took us time to come up with an acceptable financial arrangement. I am in the process of getting a consent order based on it. I have a written statement that we both signed. This sets out the agreement reached, ie, he transfers his share title of property to me, he pays a certain amount monthly towards mainentance of the children and we keep our own cars and other assets and will be responsible for our own debts. We had two witnesses sign it too. However, as consent order is still pending, I'm worried the statement may not provide suffiecient protection
Expert:  Clare replied 2 years ago.
Hi
Will your ex get a share of the property when your youngest child is 18?
Clare
Customer: replied 2 years ago.
No, he is surrendering all benefits of the property to me.
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
How much is the Charging Order for?
Clare
Customer: replied 2 years ago.
Current value (approx) is £175k. O/s mortgage balance £120k. There is also a secured loan from another bank with a balance of about £10k. All these are in joint, although he does not contribute anything towards the payments.
The charging order is for £5500.
Expert:  Clare replied 2 years ago.
Hi
Does your ex have any other assets - and what income do you each have?
Clare
Customer: replied 2 years ago.
He has assets in Africa, where he lives now. I don't have details of his earnings.
I am employed full time, which provides my main source of income. I also have another job, selling products at festivals and farmers' markets. Gross annual earnings £50k.
Expert:  Clare replied 2 years ago.
Hi
The news is not good I am afraid
Since the Interim Order was applied for while your ex was(and is) still registered as a Joint Owner of the property the debt can be charged against the property.
The Consent Order will protect you from any further charges - but you are going to have to settle this one - or get your ex to do so - before the property can be transferred into your name.
I am sorry - I know that this is not good news - please ask if you need further details
Clare
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