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My husband who I have been seperated from and half

Customer Question

My husband who I have been seperated from for two and half years now owned a loft conversion ltd company he was taken to court by a client for damages on their property he had public liability but for reasons unknown to me they did not pay out.The case went to court and the judge put a charge on our property to the sum of £84,000 half in the company's name which is now dissolved and half in my husbands name and his assets (our home) I am starting divorce proceedings and we are in total agreement but we are uncertain how this affects the charge.At the time I spoke to the clients acting solicitors as I was in shock that they could get the charge put on the property as it is our family home and nothing to do with the business and also informed them that it was not a 50-50 mortgage as I had two older children from a previous relationship that are not my husbands and when signing the documents for this joint property I was given 3 options as I was sole owner for the property I was selling,my options therefore were 50-50 mortgage,secure my £100,000 deposit or have the deeds of the house in my children's names which I decided to do so how is this possible and how do I get the charge lifted off my property?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Can you confirm that the charge is in your husbands name only? Are you saying that you are actually entitled to 100% of the equity in the property? Do you intend to sell the property eventually?
Customer: replied 1 year ago.
Yes it is just my husbands name and the limited company which is now dissolved and yes I do intend to sell in the future once my children have left home?And yes my husband is in agreement that all equity on the sale of the property will be mine but obviously I don't see why or how I am liable for his mistake that happened in his company and this would obviously seriously affect us financially as a family and our future when we do come to sell and also worry that at the time it was mentioned that an order of sale could have been possible but my youngest son is only 11 and at the time my oap mother also resided with us who has sadly passed away this February but the stress this situation has put on our family and is has caused the breakdown of our marriage and I need to get this resolved...many thanks
Expert:  Alex J. replied 1 year ago.
Thank you.
Legally you cannot be liable for some else's debt unless you accept liability in writing. The legislation for this is called the Statute of Frauds.
Your husbands creditors can claim joint assets to the extent that he is beneficially entitled to them. If you own them 50:50 his creditors can claim against half.
Considering the house what evidence do you have to prove you own it? Is your name on the legal title?
Kind regards
AJ
Customer: replied 1 year ago.
In our divorce my husband is in agreement that the house belongs to me and all monies upon sale will be mine so when he will put this in writing for the divorce but I am concerned that once this happens could they make me sell the house to try and claim their charge or will I be safe to get divorced and then how do I get the charge taken off as it is registered with the land registry?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I will refer this to a family law expert. Kind regards AJ
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Yes I'm fine to wait for the answer,many thanks
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
I haven't had a response to my question yet?
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.
Yes I would appreciate a refund as my question was not answered,many thanks

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