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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33510
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a seperation agreement in 2009 but this was not registered

Resolved Question:

I have a seperation agreement in 2009 but this was not registered at court but both parties had legal advice prior to signing it. We have been seperated for over ten years. There are no children involved. We agreed to me having a charge over his new property which was purchased by a company and that I would lend to the company (overseas company) a sum of money and my husband would give a personal guarantee if the company defaulted in honour of its obligations under the charge. I have not had the lump sum or maintenance that is owed to me. My husband/comapny has defaulted. The Title Absolute is in the name of thecompany. How can I enforce my charge against my husband and/or the new company and what is the procedure? How long would the proceedings take and what are the costs?
Submitted: 2 years ago.
Category: 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.
What assets and debts does your husband have?
What income do you each have?
Clare
Customer: replied 2 years ago.


I cannot answer these questions as I have been told to research this problem for my principal and do not have any notes on these points. Finding it very difficult as it does not appear to be a TOLOTA claim. She has a charge already so not a charging order. Order for sale automatically? It was a very large property that was purchased in the companies name.


 


I was considering breach of contract for terms of seperation agreement. I think she wants to start divorce proceedings now.

Expert:  Clare replied 2 years ago.
Hi
There are two options.
This is not a Tolata case at all.
So far as the Charge is concerned this is straight property law and taking repossession
As Between the Husband and Wife it forms part of the Ancillary Relief side of Potential Divorce Proceedings
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Do divorce proceedings need to be commenced first prior to enforcing charge? What repossession proceedings are they? Under what act?
Expert:  Clare replied 2 years ago.
Hi
The two issues stand alone.
The first is simply a Charge on the property - a non residential mortgage http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55a
Clare
Customer: replied 2 years ago.


The charge is in fact a legal mortagage on the property from reading the CH1 so how do I proceed now?

Expert:  Clare replied 2 years ago.
Hi
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55a
Sets out the process
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33510
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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