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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13640
Experience:  I have been practising for 30 years.
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My husband has some charges agsinst him at our home. We are

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My husband has some charges agsinst him at our home. We are now separated and he has left. If i sell the house are the charges just on his half of any equity?
Assistant: Where are you? It matters because laws vary by location.
Customer: South milford ls25
Assistant: What steps have you taken so far?
Customer: I have tried to get the company with the largest charge to accept 40% of the debt if i sell. Tbey said no
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I dont gbink so

Good afternoon. I will assist with your question - be aware this is an email not chat service - i therefore maybe delayed in replying.

what were the charges for?

is the house in both names? deeds/mortgage?

Customer: replied 9 days ago.
The largest charge is to lombard finance, the others were utilities for his business ( he ran pubs). The house/mortgage is in both our names. The debts are just his
Customer: replied 9 days ago.
Please cancel the call i did not realuse there was an extra charge. I cannot pay more

There are legal charges and equitable charges.

If you have a look at the land registry deeds you can tell what they are.

You can get the title deed and the plan quickly and easily by using this link:

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.

You will then have them in minutes if not seconds.

Have a look in section C the Charges register. They are legal charges against the whole of the property including your share.

Have a look in section B and they are equitable charges and restrictions which are only against his share.

BUT the effect is the same, you cannot sell the property without paying either off.

If the charges would gobble up all of his equity and still not be enough to pay off all his charges, then the property cannot be sold without a court order. The court will not normally grant such an order because it disadvantages those with those equitable charges.

I don’t who made the offer, whether it was you or your solicitor but they will take more notice if it comes from a solicitor.

It needs to be couched in the way that there is not enough equity in the debtors half of the property and therefore, unless they consent to take less, they are going to be whistling for money for a long time. So they either take a lower proportion now or wait until you decide to sell the property at some stage in the future. It’s how you word it which is more important. Hence it being more powerful from a solicitor.

If you are prepared to pay a small amount of money from your side, it becomes even more attractive to them. If they just say no, then you are stuck with staying in the house I’m afraid.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and 3 other Law Specialists are ready to help you