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Familylawexpert1
Familylawexpert1, Non-practising family law solicitor
Category: Family Law
Satisfied Customers: 5
Experience:  Qualified in 2005 and specialise in all aspects of family law, including divorce, finances and children disputes.
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Good Morning , Could you please advise

Customer Question

Good Morning ,
Could you please advise , I was divorced in 2005 , I signed over the property to my wife and put a clause into the agreement that if the house was sold before both children were 18 there would be a payment to each child , a charge through the courts was made on the property Also if not sold there would be a payment when the youngest child reached the age of 18 . However we got back together in 2007 and have lived as a family ever since, therefore I would like to cancel the agreement and have the charge removed from the property . please advise
regards
Pete
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstIs there actually a charge registered at the Land Registry?
Customer: replied 8 months ago.
Hi Claire
Yes there is it was registered in 2005
RegardsPete
Expert:  Clare replied 8 months ago.
Do you have a copy of it - and is it in your favour?
Customer: replied 8 months ago.
good morning ,I don't have a copy neither does my ex wife , with regards ***** ***** been in my favour , it was me who set the stipulation and its me who wants to now cancel it . It was never in my favour it was for my children , but as we have been living as a family again for the past 9 years I feel its now not appropriate .
Expert:  Clare replied 8 months ago.
Have you asked for a copy from the Land Registry?
Customer: replied 8 months ago.
Yes we have not received it yet though
Expert:  Clare replied 8 months ago.
Once you have done so I can explain the steps you need to take to discharge it and have it removed from the Register!
Customer: replied 8 months ago.
Ok thank you I will come back to you when I receive a copy
Expert:  Clare replied 7 months ago.
Not at all - there will be other purchasers and you will do well
Customer: replied 7 months ago.
Hi Claire
Not sure your last response was ment for me it has nothing to do with our previous conversation ????
Expert:  Clare replied 7 months ago.
Sorry - you are quite correct
Customer: replied 7 months ago.
No problem
However I have an issue ,when I first contacted my answer one of your colleagues acknowledged my question then it asked me to pay 38 pounds this I did but then got no response , I just thought the payment had not been taken as no
Advice was given , I tried again and then paid another 12 pound that's when you and I started to communicate , I feel the 38 pound has been taken unfairly how can I re claim this money ?? As its you who's advised me and not your colleague
RegardsPete
Expert:  Clare replied 7 months ago.
If you go on the thread where you paid £38 you should be able to process a refund on it!
Customer: replied 7 months ago.
I have just been onto the question history as you suggested there is no reference to the original question or any sign of the payment but my credit card supplier has confirmed the payment was taken . Any further advice to re claim much appreciated
Expert:  Clare replied 7 months ago.
I shall refer the matter to customer services for you
Customer: replied 7 months ago.
Thank you Claire much appreciated
Expert:  Familylawexpert1 replied 7 months ago.
If there is a consent order setting out the charge, you can apply to the court for this to be set aside by consent (a signed agreement between yourself and your wife). The court should be able to see from your conduct (ie living together as a family or all this time) that your circumstances now are inconsistent with the original order
Customer: replied 7 months ago.
Thank you for this advice I am still waiting for a copy from the land registry as advised by your colleagueRegards
Pete

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