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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10739
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My ex has just told me that she is going to sell our former

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My ex has just told me that she is going to sell our former home as our children have decided to come and live with me. I have a charge on the home such that 32.5% of the net equity is paid to me. My ex doesn't want to pay me, can she sell without me discharging my charge and what can I do to ensure that she honours the legal charge?

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Your ex wife's Solicitor will need to provide an Undertaking to the Buyers Solicitors that all charges registered against the property will be cleared upon completion.

Therefore, there is no way that the Sale can complete without her Solicitor contacting you. If you do not wish to instruct your own Solicitor to deal with the discharge of your Charge, your ex's Solicitor will write to you and will ask that you sign the appropriate Land Registry form, releasing your Charge, in return for him sending to you the sum that you are due.

As i have said, you could instruct your own Solicitor to oversee this, but there is no reason why you can't do it yourself- just make sure that your ex's Solicitor provides a full breakdown of the Sale price and the amount due to you as well as an assurance that he will pay you your due amount on completion of the Sale.

I hope this helps you and sets out the legal position.

Kind Regards


Aston Lawyer and 2 other Law Specialists are ready to help you

Hi Rob,

Can I assist you any further?

If not, I would be grateful if you could rate my answer.



Customer: replied 2 years ago.

Thanks, ***** *****

Hi Rob,

Cheers. I would be grateful if you could rate my answer, so I can get credited for my time.

Best Wishes