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Charge on my property

(28 Posts)
springydaffs Sat 24-Sep-16 20:57:37

The time has come to pay the charge put on my property as part of the divorce settlement ie got the house until youngest finished first degree. The time has come to sell and pay up.

Is the charge (35%) of the sale price? Or 35% of the equity?

If the former I'm fucked

DelphiniumBlue Sat 24-Sep-16 20:59:46

It should specify in the Charge itself.

springydaffs Sat 24-Sep-16 21:04:54

Where would I find details of the charge? Is it registered somewhere?

I'm sorry to say the paperwork (mountains of - very protracted divorce) is in the garage. Mouldy or eaten by mice by now..

CotswoldStrife Sat 24-Sep-16 21:07:43

Land Registry, in that case.

springydaffs Sat 24-Sep-16 21:17:37

I've looked on the site and can't make any sense of it. What do I click?

Familylawsolicitor Sun 25-Sep-16 07:54:48

It's usually the equity but you really need to find your divorce paperwork or ask your old solicitor if they have it. Would your ex have it? You need a copy of the financial order on divorce.
Have a look for the title register in Land Registry site but it may not say
There may be a separate charge document which you can ring Land Registry for
Both of these should reflect what was in the divorce financial order which is why I'd go to the source and get your divorce order

Collaborate Mon 26-Sep-16 10:56:03

I agree with Familylawsolicitor - get the court order first. Will either be a straight forward 35% of equity, or 35% of gross proceeds of sale, or 35% of equity with you to get credit for any amount by which you've reduced the mortgage debt.

Cabrinha Mon 26-Sep-16 17:39:53

Mine is 30% of net proceeds of sale (net as specifies less estate agent cost of selling)

This is not detailed on the title deed from LR - only the date and my name and the fact that I have a charge.

springydaffs Tue 27-Sep-16 13:50:19

Thanks for info all. Still haven't braved the dreaded garage but your info has been helpful. Many thanks.

HereIAm20 Tue 27-Sep-16 21:26:47

It is usually a % of equity less any selling costs eg agents, solicitors and sometimes it is a % of the equity at the time of divorce (in which case order will state this) and if not stated equity at time of sale less selling costs.

springydaffs Wed 28-Sep-16 11:24:05

Well I've found it and it's 35% of sale price.

Disaster, frankly.

springydaffs Wed 28-Sep-16 11:25:56

I knew I had an extremely crap settlement (all that time ago) but this is another blow (all that time hence).

Collaborate Wed 28-Sep-16 19:29:38

Presumably at the time of the divorce the mortgage was for 30% of the value of the property?

hoddtastic Wed 28-Sep-16 19:32:40

can you revisit it? the settlement? how long ago was divorce?

Familylawsolicitor Wed 28-Sep-16 21:18:59

Can you post the exact wording? Or a photo with any identifying info redacted. Are you sure you don't get benefit for reducing the mortgage?

Cabrinha Wed 28-Sep-16 22:06:33

My situation was very much as Collaborate describes. We had a mortgage for 1/3 of the sale value - owned 2/3. So we agreed I would take my 1/3 of sale value 9 years later. He's paying off the mortgage on the other 1/3, he gets the benefit of that.

I don't see why there would be scope to revisit it - that's the point of a legally binding charge.

But definitely worth posting the exact wording - fingers crossed for you flowers

springydaffs Wed 28-Sep-16 22:33:31

It's difficult to post without being too identifying. I always post under the same name throughout the board.

He got a very good deal for a variety of reasons. The female judge made no secret she found dazzlingly charming (re abuser) him utterly adorable - what with his identifiable old school tie and all. He also had a health problem that would have progressed. As it was he left the planet before it could develop.

The divorce was about 10 or so years ago. The wording is:

'... the Respondent shall execute a legal charge over the property in favour of the Applicant for 35% of the selling price of the property.'

springydaffs Wed 28-Sep-16 22:37:31

Conversely, about 5 years ago I contacted the Legal Services Commission for details of the charge. They wrote back to say they could find no charge on my property. Re:

'I have checked our records and can find no charges registered against your property by the Commission at this time.'

Familylawsolicitor Wed 28-Sep-16 22:40:39

When you say he left the planet has he died? How long after the order did that happen?
Good news on the LegalAid charge - possibly the solicitors forgot to claim the costs and register the charge in which case a big mistake by them but not unheard of
You technically still owe the costs though so they may come back in the future to pursue

SleepFreeZone Wed 28-Sep-16 22:41:35

So your ex husband has passed away? Who would be benefitting from this charge against the house? Is there any chance you could sit and wait for someone to force your have?

SleepFreeZone Wed 28-Sep-16 22:42:05

*hand

springydaffs Wed 28-Sep-16 22:51:36

I've already alerted the beneficiaries that it's in the offing.

springydaffs Wed 28-Sep-16 22:55:36

Who is 'they' re 'they may come back in the future to pursue'

Familylawsolicitor Thu 29-Sep-16 05:44:32

The solicitors and/or the legal aid agency
The solicitors may have claimed their costs but failed to register the charge so will face claw backs eventually by the LAA and then either they or the LAA may pursue
They may be out of time to do so I don't know if normal 6 yrs to chase a debt rules apply possibly not

I wondered if your ex had passed away unexpectedly at a young age during the period of the mesher it would have been a reason to set the order aside and vary but it may be too late now . Worth getting advice though

Collaborate Thu 29-Sep-16 09:10:12

For those questioning why OP doesn't benefit from reducing the mortgage debt: She does!

The ex gets 35% of the sale price. She gets the other 65%. with that she must repay the mortgage. If the mortgage has been reduced since the order was made, she'd get the benefit of it. If she'd allowed arrears to accrue she'd be responsible for them.

Not a chance I'm afraid of getting the order set aside if he's now dead. The only way you'd be able to get it set aside would be if it was allocated to him because of need (so not being awarded his pre-existing half share), he dies almost straight after the order is made, it wasn't contemplated that he would die so soon, and you, without delay, apply to set aside the order. None of these factors appear to be present, when you'd need all of them to stand even a small chance.

You haven't said that he is dead, but in the even he's not an astronaut, the executors or administrators of his estate will be able to enforce the charge. If no one contacts you about it, the charge will remain until sold,a t which point you'd have to find out who has the power to remove the charge. IMO better sorted out now.

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