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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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I need some advice please,I was divorced last year after a

Customer Question

I need some advice please,I was divorced last year after a long fight with my ex husband over a settlement,we agreed finally that he would keep the business we used to share and the properties abroad and I would have 2 properties here.I asked to have them both changed into my name but HSBC bank would not let me as they held the deeds as he owed them money.They have now taken a substantial amount when I sold one of the properties and I need my ex husband to pay me back but he will not reply to my calls,emailsor text messages.I have since found out he has the business up for sale and intends to return abroad when the sale goes through.Can I put a charge on this business in order to get my money back? Thank You Mary Eileen Joyce
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
I shall do my best to assist you but I need some further information first
Was the agreement which was reached turned into a Consent order and sealed by the Court?
Claire
Customer: replied 4 years ago.

Yes it was granted by a Judge in the court

Expert:  Clare replied 4 years ago.
Hi
What did the Order say about the mortgages owed to HSBC?
Claire
Customer: replied 4 years ago.

I don t remember it saying anything but I asked the Judge what would happen about my ex husbands debts she told me I would be first to get paid above anyone as the properties would be mine.I tried to fight the banks but they were adamant that the debt had to be honoured which I fully understand but just not by me.He promised me he would pay me back anything I paid for him and it is excess of £100.0000 which was to be for my future.

Customer: replied 4 years ago.

Do you have any advice that will help me?

Customer: replied 4 years ago.

Hello I am still here I just want to know if you are.If you cannot help me I will close this down now but I do need to know if I need to contact a lawyer here for myself

Customer: replied 4 years ago.

well I am thinking you're not going to give me anymore advice so I will close down now I do not expect to be charged for this

Expert:  Clare replied 4 years ago.
Hi
My apologies I had to go offline for a while
Do you have a copy of the Order and if so can you tell me what it says about the loans attached to the properties
Claire
Customer: replied 4 years ago.

I have not got them too hand but it will have said it had too be paid obviously,thats is not the question for me I am sorry I just need to know if I can get it back from him as the property was mine only given by a Judge

Expert:  Clare replied 4 years ago.
Hi
The problem is that that depends on the exact wording of the Order.
I would firmly expect that the Order will allow you to recover the money - but I cannot say that for certain - nor outline what you need to do - without the wording of the Order
Claire
Customer: replied 4 years ago.

ok thank you I will get it out and check

Expert:  Clare replied 4 years ago.
Hi
Once you have found your copy then let me know the wording and I shall try and assist
Claire