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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Good Evening. I broke up with my ex partner 19 months ago.

Customer Question

Good Evening.

I broke up with my ex partner 19 months ago.
We took out a joint mortgage with the Halifax in 03-08 and broke up 06-11. She moved out. I am still in the property and wish to remain so. I have paid every mortgage payment solely (although both us had salary's) and not missed a payment. I wanted to remove her name so tried 04-12 and the bank refused as not a good credit score ( i missed one gas bill ) . I came back in six months 12-12 and my credit score is clear. I was about to talk to a conveyancer but them received a solicitors letter stating that at interim charging order of her debt to a finance company been added to my house. I no idea what her debt is as i not seen her for nearly 2 years. And now because of this. I cannot remove her name. The house is negative equity, im just keeping my head above water and im 2 month away also from the end of my first fixed deal. Running a 750 month mortgage and bills on top alone has been challenging so i no savings, apart from what i saved for name removal. So i not that much money to cover a solicitor and for something like this it could cost more than the 1600 debt thats not mine. What do i do? Please help.
Submitted: 4 years ago.
Category: Property Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
When was the court date for the final Charging Order?
Claire
Customer: replied 4 years ago.

Hi Claire.


27 march the application will be heard.

Expert:  Clare replied 4 years ago.
Hi
When you attend court on that day take with you three valuations and the mortgage statement proving that it is in negative equity
If you can also show that you are taking steps to transfer the property into your sole name there is every chance that the Judge will reject the application
Claire
Customer: replied 4 years ago.

Claire.


Now you are scaring me. I was unaware that i had to attend the court that day.


The claimant is a financial Service, the defendant is the ex.


A follow up letter after i emailed and complained states" its for my information only, its against the beneficial interest of the ex and does not affect my interest, You are not liable for this debt"


I showed this to my bank today and they said get legal advice or talk to the banks lender. i did, they told me to talk back to the bank. I saw the debt added on the screen. I still was told that cant remove her name. I am very worried she may have more debt to try stick on there.

Expert:  Clare replied 4 years ago.
Hi
The papers that you received from the Court should have made it clear that as a joint owner of the property you have the right to address the court and oppose the granting of the order if you can show that your ex no longer has any real financial interest in the property
Claire
Customer: replied 4 years ago.

ok looks like what i am doing is the right step. One more question, who do i present the evidence too? The solicitor or the Claimant or both.

Expert:  Clare replied 4 years ago.
Hi
The Court on the day - although there is no harm in sending copies to the solicitor in advance
Claire

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