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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 6399
Experience:  LLB (Hons)
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FOR SASH_Law ONLY: You: as i did not authorise this 2000

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FORCustomerONLY: You: as i did not authorise this 2000 charge, has a criminal offence occuredPearl: What were you charged with exactly? Do you have any upcoming court dates?You: there is a charge on my property by my ex wife dated 21st July 2000, which i know nothing about. can i get it removed and how?Pearl: Where did this occur?You: according to the land charge 21264/00 the solicitor at the time was WILLIAMSON &;SODEN, STANTON HOUSE,***** B90 3LS the solicitors refence is 46/HaywardPearl: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.You: only that i did not know or sign any authorisation at any time

Hello, how are you today? 



Thank you for requesting my assistance again.  I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


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Can you tell me what the charge actually says - is it a restriction, or an actual charge for a debt?

Customer: replied 10 days ago.
under "particulars of court order" by an order of the court dated and made under s.33(5) of the family law act 1996 or by virtue of s.2(4) of the matrimonial homes act 1983: Particulars of dwelling house; county WORCESTER, district KIDDERMINSTER, known as***** Particulars of the estate owner; ***** ***** HAYWARD.,*****KIDDEERMINSTER
Customer: replied 10 days ago.
the termination (otherwise than by death) of the marriage, under section 4(a) of the matrimomial homes act 1083
Customer: replied 10 days ago.
sorry i meant section 1 para 4(a)
Can you attach the document you are typing from, as you appear to be making mistakes in re-typing it.
Customer: replied 10 days ago.
File attached (Q553PLL)
Customer: replied 10 days ago.
sorry again it is section 2 4(b) the termination (other than by death) of the marriage

When were you officially divorced?

Customer: replied 10 days ago.
1st dec 2008 ==ref notes 1 (b) referers to any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date on which the marriage is dissolved

The charge you refer to above was made whilst you were still married, and extends your then wife's home rights beyond the divorce (home rights normally end on divorce).  If you are now officially divorced, and settlement has been made (I know it has not been as that was your previous question), then the court order would have referred to the removal of the s33(5) order, and you would have been able to apply to the Land Registry on form HR4 to have it removed (providing them with the court order that states as much).

As the charge remains in place, I can only presume that no such order was made, or if it was, you have not acted on it.  I suspect it was not, as payment of the divorce settlement has not yet been made.

I would, however, suggest that you take all the court orders, the charges and any other related documentation you have to a local solicitor so that they can read through all the relevant documents and let you know whether there was in fact an order which would allow you to remove the charge.

If you think it has been left there erroneously, you can of course make an application to the Land Registry to request its removal. They will want evidence.

Application form is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713402/HR4__2018-05-25_.pdf

SASH_Law and other Law Specialists are ready to help you
Customer: replied 10 days ago.
thank you very much for your guidance, i could not have managed this without your help

You're very welcome, I am glad I was able to assist you.

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