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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I originally agreed that my ex partner could put a legal

Customer Question

I originally agreed that my ex partner could put a legal charge against the property we bought together. We have around 38k equity if we sold it for what we purchased it for (125k)Since our separation and me remortgaging in my name only he has stopped giving me profit from a property we rent out. This property was bought with my late husband and he has only ended up with his name on the deeds when we realeased equity to buy our first house together. Can I refuse the legal charge? He has already had his name removed from the deeds against his solicitors advice. He has said that I am bound into a verbal legal contract and that he has text/email proof. Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why did you agree to him having a charge?
How much is the other property worth?
Customer: replied 2 years ago.
Hi Clare
i am having the other property valued next week. I am guessing at the most it would be valued at 42k
He was reluctant to remove his name from the deeds but natwest would withdraw my application if he put the legal charge through before I remortgaged the property in just my name.
The property we rent out was supposed to be put in trust for my daughter (he has brought her up since she was 2, she is now 9) but he is now refusing to do this. My fear is if I go ahead with the legal charge that he still ends up with a cut of the rental property when he has previously said that's for my daughter.
Expert:  Clare replied 2 years ago.
Do you know how much the property you live in is actually worth?
Customer: replied 2 years ago.
Yes 125k
Expert:  Clare replied 2 years ago.
So there are two properties - each with roughly the same equity.
He has said he will hold his property on trust for your daughter but has taken no steps to do so.
If he does are you then happy for him to have the Charge on your property?
Customer: replied 2 years ago.
There is around 10k equity on the rental property that he has his name on by default as I couldn't remortgage on my own. profit per month is around £140. The property basically pays for itself. Would an option be signing over this property to him in return for him not putting a legal charge against the property I reside in? We have been separated for nearly a year yet he still has control over me. As much as I don't want to lose what was my marital home with my late husband, my daughters real dad, the stress I am under is not worth keeping the property.