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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently going through a divorce. My wife has suggested

Resolved Question:

I am currently going through a divorce. My wife has suggested transferring the matrimonial home into her name as settlement, however there is a charging order on the property in my name. I am trying to transfer this to another property that I jointly own but have to wait for the creditor to review it via their solicitors. My wife's solicitors keep placing deadlines to receive an answer on the outcome or they will apply to the courts for financial settlement, yet I am at the mercy of the creditor and their timescales. I have had no proposals from my wife's solicitor nor any suggestion of mediation or otherwise. I do not have an income and am worried about escalating costs. What should I do?
Submitted: 3 years ago.
Category: Law
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 and are there any children involved?
What is the value of all the assets and debts and what income do you each have?
Clare
Customer: replied 3 years ago.

We were together for 26 years, have been married for 7 years but been separated for 4 years. 2 children, 18 and 12. Charge order is 9,500 on a property worth 150,000 that we own jointly with a 40,000 mortgage. My other property is jointly owned with my brother snd estimated value is 250,000 with no mortgage. I have debts of around 60,000. I do not currently receive an income and my wife earns around 10,000 pa.

Expert:  Clare replied 3 years ago.
Hi
What steps have you taken to lift the charge?
Clare
Customer: replied 3 years ago.

I am trying to get it transferred to the other property. I cannot settle it.

Expert:  Clare replied 3 years ago.
Hi
Have all the terms of the possible settlement been agreed?
Has there been an exchange of financial information?
Clare
Customer: replied 3 years ago.

No and no. I can't get my wife's solicitor to enter into dialogue regarding proposals.

Expert:  Clare replied 3 years ago.
Hi
i am sorry I understood that they were putting pressure on you - how do they justify this when there has been no full disclosure
Clare
Customer: replied 3 years ago.

Should I ask them exactly that?

Expert:  Clare replied 3 years ago.
Hi
Indeed you should
Write them a polite letter saying that whilst you are dealing with the transfer of the Charge you feel it would be appropriate to go ahead with the exchange of Financial Information and Full disclosure so that a final settlement can be agreed
Alternatively suggest using Family mediation (www.familymediationhelpline.co.uk) - and point out that you are meant to have tried this BEFORE issuing Court Proceedings
In fact if the Charge cannot be lifted it may be that your ex will have to remortgage and pay this off so that the transfer can take place
I hope that this is of assistance - please ask if you need further details
Clare
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