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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25440
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can my ex get a charging order on our matrimonial home whilst

Customer Question

Can my ex get a charging order on our matrimonial home whilst he still jointly owns it?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you are presently undertaking divorce proceedings please? If so what stage have those proceedings reached?
Customer: replied 2 years ago.

Divorced in December 2014, my understanding was if I got house transferred into my sole name then there would be a charging order set up so he got his 25%. I took proof with me confirming I cannot get a mortgage in my sole name and still can't. They want me to sign paperwork starting process for charging order but while he owns the house jointly with me I didn't think it was relevant. I want to sell the house now which is better for him anyway but says his solicitor said I can't sell and they will take me to court for not signing the charging order paperwork.

Expert:  Joshua replied 2 years ago.
Thank you. Do I conclude correctly that as part of your divorce, you finalised financial settlement with a consent order ordering that 25% of the property is to go to your ex spouse?
Customer: replied 2 years ago.

yes

Expert:  Joshua replied 2 years ago.
Thanks. if you both own the property as legal owners, then there is no need for your spouse to apply for a charging order over the property. Commonly, if a consent order provides that one spouse is entitled to a share of the property but it is not possible or it is agreed that that share will not be immediately paid to that spouse then the spouse who is owed to share would typically seek the other (here, you) to enter into a simple declaration of trust declaring that you both own the property in such shares as of been agreed and he may go on to apply for registration of a restriction on the title that the property cannot be sold otherwise than in accordance with the declaration of trust signed. A charging order is an unnecessary and cumbersome approach to protect a position that is already protected if he is seeking 25% of a property he already jointly owns. Can I help you with anything else or has the above answered your questions satisfactorily?
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks that sounds like what I need

Expert:  Joshua replied 2 years ago.
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though
Customer: replied 2 years ago.

Hi Joshua, the paperwork they have asked me to sign that is causing these problems says:

"Suzanne ***** ***** with full title guarantee hereby charges by way of legal mortgage the property comprised in the above title number....". What does it mean saying 'with full title guarantee'

Expert:  Joshua replied 2 years ago.
It implies certain covenants on your part namely, that youhave a right to deal withthe property; that you will do all you reasonably can to give the title you claim you own, if the property is registered, there is a presumption that the whole of the property in the registered title is being dealt with and that other than any declared, the property is free from all charges encumbrances and adverse rights, except any charges, encumbrances or adverse rights about which you do not know and could not reasonably be expected to know.
Customer: replied 2 years ago.

Thanks so much, I emailed them with the information you have given me and they have finally agreed with what I asked in the first place and I can now go ahead with selling the house without the charge back.

Expert:  Joshua replied 2 years ago.
That is great news. Well done