I had a charge granted on his property in the sum of £74107.05 in addition to further interest and land registry fee of £80 granted on my ex husband's flat. This was granted because he took money from the mortgage on my flat under false pretences, lied where it was spent during the marriage and since and wouldn't provide evidence where it had been spent during divorce proceedings which the Judge thought was unfair and took into consideration during our financial settlement. Is there anything else you need to know?
On my husband's flat registration (which I have a copy of) the charge has been noted as a restriction should he wish to sell the property so I can benefit form the final charging order granted.
Yes;but he claims he was suffering from anxiety and depression for which he has been medicated on and off for the last few years and I don't know if this fact permits him to have matters reviewed or not now or at a later time?
He saw his GP for antidepressants, but I am not aware of any other medical evidence for his mental health. He was able to work full time shortly after the divorce
and was a litigant in person like myself although he stated he accessed legal advice between hearings.
are there any circumstances where he could get matters reviewed? is there anyway he can review the financial settlement reached 2 years ago regarding asset distribution (I.e. Ownership of flats?) I ask because he keeps threatening to have matters reviewed constantly and the uncertainty is wearing.
so I don't have to worry about a financial review of the flats even if he claims a shortage of space for him to live with the 2 children in his care? What are the chances I will get the charge paid at some point? Can I force him to sell? is there a time limit for that and what happens if he chooses to move out and rent out the flat? Do I have any recourse open to me?
it doesn't say. It's noted only as a restriction on the paperwork should he wish to sell
it or loan against it.
I haven't found county court helpful. It costs to request a hearing. Judges are wishy washy and when orders are granted, he ignores them, so I fail to see the point. Would anything be achieved apart from costing me in fees?
The wording is as follows: The charge shall continue as modified on 20th Feb. 2014. The interests of the judgement debtor Martyn John O'Brien in the asset described in the schedule below stand charged with the payment of the sum of £74107.05 the amount now owing under the judgement or order given on 7th Jan. 2013 by Basingstoke County Court in claim no. 3BK30406 together with any further interest becoming due and land registry fees of £80. The costs are added to the judgement debt.
As far as I can work out, it's all part of the divorce settlement. The decree nisi was received after 11th April 2013 stating simply we were divorced. Prior to that on 4th Feb. 2013, there was a general form of order ancillary relief which stated the ex husband was to pay the ex wife a lump sum of £66,000 by 4pm on 8th April 2013 in addition to maintenance payments of £273 pcm from 1st Feb. 2013 (which didn't happen) so I took matters back to Court to obtain a charge on his property for the sum and interest payments up to the date the charge was agreed. I'm still trying to see what I can do about maintenance payments as I have been told I can take matters to the magistrate and he may be criminally convicted, but with 2 of my children in his care am concerned about the repercussions of all this. Please advise.
I have a 3 bed flat last valued at £260k. He has a 1 bed fat which he valued at £150k. we both similar debts in the region of £80k. I have no other assets and he stated the same when we divorced.
when we divorced, I had all 4 children living with me. Since then, 2 have chosen to live with him in London and 2 remain in my care. I don't know if this affects matters now 2 years on?
there is £190k mortgage on my flat and £60k on his.
I am currently receiving £1800pcm rent for my flat which is my only income as I'm not currently employed.He earns £22k plus his other business ventures which he doesn't disclose to me. Is this important?
so to be clear, I'm safe regarding his threat to have the financial settlement reviewed as there are no valid grounds and if I want maintenance paid, arrears may be owed? He has already tried getting maintenance from me through CSA, but they determined that no maintenance was due. Can CSA over ride a Court order?
please clarify so I can rate your answer by return
Thank-you for the advice