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Divorcing - charge on new property?

6 replies

happylittletree · 26/09/2020 07:02

Talk to me about this scenario: husband and wife get divorced. Wife gets large financial settlement as part of a court order. Husband gets a charge on any new property she buys.

Under what circumstances would this be likely to happen? I attended mediation with my ex and it was disastrous. One thing the mediator said is that if I got more than half of the assets, a charge would be put on my property.

I could ask my solicitor but I'd be interested in hearing what people here know, whether anyone has experienced this, etc.

OP posts:
Nothingfallingdowntoday · 26/09/2020 07:25

A charge on a property would be appropriate if there was element to be returned at a later date.

For example 1 party gets £100k but needS £150k to buy property. The agreement could be that due to providing a home for kids etc that party 1 gets the £150k but £50k is effectively a loan to be repaid on sale or at a specific date.

A charge on the property would be appropriate here.

Ffsffsffsffsffs · 26/09/2020 07:33

Courts very much prefer clean break orders. Anything else, unless exceptional cases, is terribly messy.

If the large settlement to wife is agreed by a court order, why do you think husband would require a charge on wife's property?

happylittletree · 26/09/2020 07:51

@Ffsffsffsffsffs The husband is a controlling jerk. He would do anything possible to punish the wife for leaving/taking 'his' money.

The 50k charge in that scenario sounds fair enough. I would worry about his having a percent stake in the property or something of that nature.

Really, I only want 50% of marital assets, but the discussion was about if I needed more than that.

OP posts:

Interested in this thread?

Then you might like threads about these subjects:

wilmathewilywombat · 26/09/2020 08:05

If you have a deed of separation then assets after that are protected.

happylittletree · 26/09/2020 08:12

Thanks, @wilmathewilywombat. Unfortunately, he doesn't believe I deserve more than a pittance, so it's almost definitely going to court.

OP posts:
movingonup20 · 26/09/2020 08:14

I'm getting 60% because I earn a lot less. H offered more actually. I offered to keep a stake in his house to allow him not to sell which is unusual but works for us. We are still good friends

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