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Please help. Separated but ex has debt. Now a charge order has been issued

(8 Posts)
Chocolatecake12 Fri 10-Mar-17 17:34:45

Hi I'm hoping someone can advise me.
I've been separated for almost 3 years and have just started divorce proceedings.
Ex has been out of the house for 3 years.
Today I get an interim charge against the house as he has built up massive debt.
What do I do? Where do I stand?

Aderyn2016 Fri 10-Mar-17 17:37:37

Do you jointly own the house? I think the charge can only go against his half. If you have beeb making all mortgage payments etc then I think you can get those taken into account when calculating his share.
My advice is to see a solicitor asap.

Wishiwasmoiradingle2017 Fri 10-Mar-17 17:41:05

Please request a financial severance ASAP to avoid more crap coming your way. Cost me£70 to be disassociated from exh debts.

Chocolatecake12 Fri 10-Mar-17 19:33:59

Yes we jointly own the house.
I'll do that wish thanks for the advice
I'm absolutely terrified

MrsBertBibby Fri 10-Mar-17 19:39:49

Chocolate, there is no such thing in English law as Wish describes.

The debt has attached to his share of the equity, as Aderyn says. They are unlikely to be able to force a sale, but you won't be able to sell without paying it off. It won't affect your half.

You need to see a family solicitor about getting financial orders in place. Where roughly are you?

Chocolatecake12 Fri 10-Mar-17 19:55:25

I'm in the south east

EnormousTiger Fri 10-Mar-17 20:40:06

The debt is indeed the husband's although when assessing who gets what on a divorce all debts in both names including this one and the mortgage are added up and all assets yo both have including equity in the house and then you look at the net amount - that is the amount you are then dividing. The dividing may not necessarily be 50% though - see a solicitor about all this. My ex got 59% (as I earn more and I bought out his claim for maintenance from me). 50% is not unusual. That is 50% of what is left after all debts in both names are deducted of all assets no matter whose name they are in. Or if you don't work, h e does and he has high earnings and the children live with you you might get more say 60% of the equity in the house (if there is any equity in the house). I would try to get the divorce finances negotiated. Do you earn enough to have the mortgage put in your name and to remortgage to pay off ex's share of any equity inthe house?

MrsBertBibby Fri 10-Mar-17 21:03:05

A few suggestions for solicitors.

If you're East Surrey, Owen &Co in Redhill.

If you're Kent, Girlings in East Kent, Stantons in Gravesend, or Stephen Willmott at Keene Marsland in Tunbridge Wells.

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