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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court order plus a property charge both sealed in

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i have a court order plus a property charge both sealed in court which states that i can purchase a property from the net proceeds on the FMH. its now one year since I've had this. i have finally found a suitable accommodation for my son and myself. we are in a position to exchange contracts.I have given the charge to my ex husband to sign. On advise of his solicitor he refused to sign the charge stating that his solicitor is saying that it does not reflect the order. However, she will not put in writing what the issue is. Ive engaged my solicitor in this, yet she did not reply or passed the letter onto my ex husband. When my solicitor called her she said she wasn't formerly engaged by my ex husband. however,from advising my ex husband not to sign the charge she has engaged herself in the matter. where do i go from here , i want to make a complaint . it seems to me that she doesn't want to take responsibility for her actions.

Thank you for your letter

My name is Clare

I shall do my bets to help you but I need some further information first

Which property is the Charge to be Registered on?

Customer: replied 1 year ago.
The charge is for the new property that I'm purchasing. i cannot complete until i have the charge signed.

So the charge is in his favour on the new property?

Customer: replied 1 year ago.
he has 30% of the net proceeds of the sale and i have 70% when my son reaches the age of 21 years or if i should die before that time . My son is 12yrs at present. The court order states this and is annexed to the charge .

So in fact you can purchase the property even without the charge signed - you have the funds

Customer: replied 1 year ago.
I have the funds in my account. I was under the impression that i can't complete unless he signs because i am using the monies from the FMH.

Yes you can complete

You can then sign the charge in the wording approved by the Court and it is up to your ex if he decides to Register it or not!

Please ask if you need further details

Customer: replied 1 year ago.
There is a clause in the order which reads:
The applicant wife's new property shall be charged by way of legal charge as security for the payment to the respondent husband a lump sum equal to 30% of the net proceeds of sale, such charge to be in the form annexed to this court order.

Then yes you can go ahead as outlined above

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. i shall proceed now.
Customer: replied 1 year ago.
thank you.

You are most welcome - good luck