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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34232
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have been divorce for 16 months. Our divorce agreement states

Customer Question

I have been divorce for 16 months.
Our divorce agreement states that my ex wife will get 80% of property, the remaining 20% to be held as a charge on the property until my youngest child is 18 (9 years).
I suggested and agreed to this for maximum protection for my 3 children.
I have now received a letter containing a form - Land Registry TR1, Transfer of whole registered titles.
If I'm reading the form correctly, by signing it, I will be signing all my rights away, including the protected 20%. My questions are:

1, Am I obliged to reply to her solicitor at all?
2. How can I ensure that the 20% charge is protected?
3. If this contravenes the spirit of the agreement, can I stop it, or even counter claim?

There is a box on the form, ticked, saying The transferor transfers with Full Title Guarantee.
There is an unchecked box saying .... with Limited Title Guarantee.
4. Is this relevant
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I shall do my best to help you but I need some further information first.
Have they invited you to submit a draft Legal Charge?
Clare
Customer: replied 3 years ago.

No. There have been no offers or requests for any additional documentation.


The only document relating to the charge is the Decree Final.


 


If you think a draft Legal Charge is required, can I obtain one without using a solicitor, as my finances are difficult since the divorce?

Expert:  Clare replied 3 years ago.
Hi
You have identifies the issue.
It is up to HER solicitor to deal with the Transfer of the property into her sole name and it appears that they have sent you the correct paperwork to achieve this.
It is up to YOU to produce a draft Legal Charge to protect your 20%
There are a number of self help guides to Divorce which may include a draft legal charge - but there is then the risk that it will not be effective.
I hope that this is of some assistance - please ask if you need further details
Clare

Customer: replied 3 years ago.

Thank you for the answer to the last part of the question. However, this doesn't supply the answers to my original numbered three questions.



1. Am I obliged to reply to her solicitor at all?


2. How can I ensure that the 20% charge is protected?
3. If this contravenes the spirit of the agreement, can I stop it, or even counter claim?

Expert:  Clare replied 3 years ago.
Hi
1. If you do not she can apply to the court for an order that the Judge sign the paperwork instead - and you will bear the costs
2. By submitting and Registering your charge
3. It does not contravene the spirit - it is actually a requirement of the Order
Clare