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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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In 2005 I divorced my husband and it was originally agreed

Customer Question

In 2005 I divorced my husband and it was originally agreed that I would keep the marital home and take on the mortgage in my sole name. The transfer of equity was carried out before the consent order was sent to the county court for sealing. The judge raised his concern about the amount of equity in the property and returned the consent order without sealing it, Mr Shier then decided that he wanted a share of the equity. Because the legal title had already been signed over to me, a court order was made on the 2nd June 2006, stating that the Home do stand charged by way of a legal charge in favour of the respondent with a lump sum of £20,000, such charge to bear interest from time to time at the rate applicable to Judgement Debts provided always that such charge shall not become enforceable without leave of the court or the consent of the parties until a few conditions were met.
The order stipulates that no order as to the costs between the parties save that the Respondent Mr Kenneth John Shier is to bear the whole of the reasonable conveyancing costs, disbursements and VAT of both parties arising from the drafting and registration of this order and the charge at Her Majestys Land Registry.
My circumstances have now changed which means I have to sell the family home, but unfortunately Mr Shier has not registered the charge. I will give him the £20,000 from the proceeds, but am at a loss as to what interest I will have to pay him bearing in mind he has had 8 years to do this. Can you help
Submitted: 3 years ago.
Category: Law