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Sell my flat when ex has a MHA charge on it?

(10 Posts)
NooNooMummy Mon 13-Mar-17 13:16:47

Am desperate to sell up and move. My divorce is taking ages - delayed by ex at every opportunity. Not even got to decree nisi yet. And he put an MHA charge on the property.

The only sensible thing I ever did was get a postnuptial agreement signed by ex. He agreed because the property was in my sole name from before we were married and he contributed nothing to any bills (Really!). So, it was quite naughty of him to put an MHA charge on it.

Can I sell with the charge there? And move it to my new property? Get indemnity insurance for my buyer? Remove the charge by sending the post-nup to the Land Registry?

Help!

Aderyn2016 Mon 13-Mar-17 13:20:25

I think you need a solicitor.

MrsBertBibby Mon 13-Mar-17 13:25:45

You could try sending the agreement to the land reg, but I doubt they'd lift it.

Even when you get decree absolute, he can try to register a restriction based on his matrimonial claims, although he'd have to pay, and they are much harder to obtain.

Is he represented?

NooNooMummy Mon 13-Mar-17 13:25:51

Lol. Thank you

NooNooMummy Mon 13-Mar-17 13:27:05

(The lol was for "You need a solicitor")

He is represented.

NooNooMummy Mon 13-Mar-17 13:27:33

Worth phoning the Land Reg?

MrsBertBibby Mon 13-Mar-17 13:51:15

Never hurts to try!

Has your DN application gone in? What's the urgency about moving? Do you mind telling him your new address?

Collaborate Mon 13-Mar-17 14:14:44

Worth phoning the Land Reg?

No. Nothing you can do about it until decree absolute. Just concentrate on getting that.

lalalonglegs Mon 13-Mar-17 14:35:11

Do you know where you want to move to? Could you rent out your home and relocate while your divorce goes through?

NooNooMummy Mon 13-Mar-17 17:00:30

Need to be near schools to apply for reception in September. And was in the middle of selling this place and trying to find somewhere a year ago when our marriage ended, which threw everything into chaos for a while - just desperate to get out of here now.
Thanks everyone for taking the time to make helpful suggestions!

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