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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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i was married briefly and am divorcing him He had enormous

Customer Question

i was married briefly and am divorcing him He had enormous debts I wasn't aware of prior to me meeting him. Two charges have been attached to his share of the equity, which stupidly was 50/50 when we married, despite my living in the family home for 10 years prior to getting joint mortgage. He has agreed to me having house (he paid nothing into it) but how can I get his charges lifted? it is stopping me moving and affecting my credit
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You would need to pay off the creditors for them to lift the charges I am afraid, or get a court order lifting the charges but you will need to show that the charges were fraudulently lodged or that your husband was forced into charging his share of the equity.

The best thing would be to negotiate with the creditors and pay them off so that they discharge their charges.

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Expert:  Clare replied 3 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.
How long have you lived together?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.
We were married less than a year He lived there 2 years

I lived there since 2002 with my eldest son, it was my parents
house and I rented off them(have books to prove). Dad sold house to
me and gifted £50,000 to me (not him). He borrowed
A further £40.000 off of my parents got an extension. We
Married in 2010 separated shortly after started divorce proceedings. and we started getting letters regarding his debts.
I was completely unaware of his debts. Went to court to fight them
But unsuccessful Final hearing in a couple of weeks
(Crap lawyer). His two creditors have been informed and are to appear. What are chances of the charges being set aside?
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
How much are the debts?
Clare
Customer: replied 3 years ago.
House worth £210 .000. Outstanding mortgage
£140.000 his 2 charges are £10,000 and £5,000
Plus mum and dads charge £40.000 (they will lift
This once he is off title, so basically in negative
Equity (won't be when mums charges are lifted.

He is approx £50, 000 in debt and just evades everything
Partially presented financial statement He's. Taxi
Driver so has just presented his fraudulent books
Expert:  Clare replied 3 years ago.
Hi
How far have the divorce proceedings reached?
Clare
Customer: replied 3 years ago.
Decree nissi final financial resolution hearing in March. No ansolute
Expert:  Clare replied 3 years ago.
Hi
What has he asked for?
Clare
Customer: replied 3 years ago.
Nothing
Customer: replied 3 years ago.
Nothing he knows he has done wrong
Expert:  Clare replied 3 years ago.
Hi
At the FDR what was the argument about?
Clare
Customer: replied 3 years ago.
Him providing accounts. I wanted to argue financial conduct, but they said it was hard to prove !!!
Expert:  Clare replied 3 years ago.
Hi
For clarity how long id you live together prior to the marriage and what income do you each have
Clare
Customer: replied 3 years ago.
3 years. He has about £800 p wk undeclared income
I have approx £1800 per month
Expert:  Clare replied 3 years ago.
Hi
What are you hoping for?
Clare
Customer: replied 3 years ago.
House transferred to me and his charges removed
Expert:  Clare replied 3 years ago.
Hi
That is an unlikely option I am afraid as it leaves him with none of the matrimonial assets
What have your solicitors suggested?
Clare
Customer: replied 3 years ago.
Baring in mind all of what my parents put in? He entered into the marriage with nothing. We married in 2009 and divorced in 2010
Expert:  Clare replied 3 years ago.
Hi
Realistically there is certainly no chance of his obtaining any settlement from you based on what you have said.
Equally it is unlikely that you will obtain maintenance since you are able to maintain your self and the child is not yours
The Charges on the property are a different matter
Since the property is held in joint named his creditors were entitled to apply to charge his interest in those properties so there is no basis on which the final order will not be granted.
Setting those aside for the moment the question is what interest in the Matrimonial Home might the court have awarded
It wouldn't be a 50/50 split from all that you have said - taking into account the gift from your father, but neither would it have been nil.
Somewhere between 80/20 and 75/25 in your favour might have been likely - and on that basis you could suggest that you take responsibility for the debts (you have little choice in reality if you want them removed) but he is ordered to pay you a lump sum of £9,000 by way of weekly instalments
I appreciate that this is far from ideal - but it is a realistic suggestion
Please ask if you need further details
Clare

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