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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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My husband and I have been split up for over 2 years, since

Customer Question

My husband and I have been split up for over 2 years, since we split there have been charges put on our home all in my ex husbands name, we have sold the property and I want to know will they take my equity to pay my ex husbands debts. We are going to court on the 1st July re finances, my ex does not pay towards our sons keep I'm paying off other debts of his as he refused to. My solicitor is fighting for my equity but the solicitor who is dealing with house sale has told me all debts will be paid off before I will get any equity, if this is the case I will get nothing. Could you please let me know how this works as I'm so confused and I can't afford to pay off all his debts and charges and especially those that were put on our property after we split up, he has done this on purpose so I get nothing, we are joint owners and I left the home over 18 months ago due to domestic violence, he hasn't been paying no mortgage and they want to repossess but because I have sold the property they are giving us an extra 56 days till they evict. Many thanks if someone could help or advise me
Simone
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist.

Are these charges that have been attached to the property subject to a court order or are they charges you have consented to?

Have the debts been incurred only by and only in his name?

Kind regards

AJ
Customer: replied 2 years ago.
Hi AJ,
They are only in his name and they were put on by a court order, nothing that i agreed to or knew about until i got this court order in the post, its all in his name and does state on the deeds, charging order on the beneficial interest of and his name only. Also they are his debts from a business he had and one is a loan he had as iv said solely in his name only.
Hope this is what you mean
Thanks
Simone
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Once the property has been sold, the proceedings relating to your husbands beneficial interest in the property can be used to pay off the debts.

You cannot be held liable and your assets cannot be forcibly used to pay off your husbands debts unless you consented to this or unless there is a court order requiring this.

The solicitor concerned should account to you for your full beneficial share of the property and should not be using it to pay any debts solely in the name of your husband secured by a charging order.

Is the conveyancer acting for both of you? Have you confirmed to the conveyancer that you are not owing any of the debts ?

Kind regards

AJ

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