My ex husband has a financial charge on my property

[DistressedMumbelfast]

Husband and I separated years ago. I own property bought prior to meeting him. He has a financial charge on my apartment. I have a buyer and he is claiming financial interest in this property. How can I go ahead with sale?1

What does your solicitor say?

Are you married now, or divorced?

If you aren't divorced the flat could be considered a marital asset.

So get divorced and a financial order.

Married still unfortunately.

Solicitor says call him. Will ring but just hoping someone has experience with this.

He never paid a penny towards anything.

He now has a house he inherited with his sister and lives in it. Feel childish but now wondering should I get one on his property

now wondering should I get one on his property

I would.

Then start the divorce process after it's confirmed.

Until you are divorced and most importantly have a consent order any of your assets are considered part his. So if you won the lottery or had a multimillion pound business done if it would be his.

Can I still sell with the order in place

Nope.

The purpose is to stop you selling without agreeing and actually giving him some of the money.

Yes absolutely. If he's put one on yours, put one on his then serve divorce papers.

Solicitor did seem to think poss sale would go through but the money could be held until divorce sorted. But that will take ages.

I'm upset he's getting money that he's no right to. He pays maintenance for his child (I have one other) but hasn't seen her since she was a baby after he was up in court for assault me

So sale could go ahead of I agree an amount to give him ?

Years ago my then solicitor told me it was removed...but it hadn't been. He no longer practicing

What you put is irrelevant to the divorce.

Call the sale off.

Put a charge on his property asap.

Then once it is on start the divorce process.

Make sure you get a financial order.

You need to ensure you have a property with 2 bedrooms for your joint child.

I have debts with the apartment rates and prop management fees. Is he liable for those? Really need to sell as need money.

I live on a sep property that I also own...prob expect a charge to be put on that too. Must find out if one is on here too.

You need to put a charge on his home as well OP !

Look on the bright side... You now have a claim to a share of the property he has inherited.

You can sell it, but the money will be held, until there is a court order stating who gets what

Hope you have out the charge on his property too OP.

Good thing you're still married if he's inherited a property!

I don't want anything to do with him, his finances or his property. I just cannot fathom how he can claim on my properties. It looks like i have no choice but to try to get a charge on his property as he is not going to release interest in mine. His is worth far less than mine and owned half by a relative of his. Feel so overwhelmed and upset. He's done so much to me but no contact in years. Will the nightmare ever end.

Never get married!

Can this be done without a divorce?

I'm upset he's getting money that he's no right to.

Marriage is a legal contract to share all assets and finances. Did you not know that when you got married?

Thank you. So very helpful

How much is the charge for? Why was a charge placed by him on your property in the first place? Is there anything in writing from the solicitor that says it was removed, albeit you've now found out it wasn't? Why would it have been removed in the first place: was the debt or interest it represents settled by other means or a trade off of assets concluded between the 2 of you? If yes, do you have evidence of this?

You should really take legal advice on your whole situation with him whether you intend to divorce him or not. If you are not intending to divorce him (or he you) he will have a claim on your current and future assets regardless of his (non) contributions because he is still, in the eyes of the law, your husband and it appears you did not ring fence the property you bought before you met him. Also as you both own separate properties you might want to look at capital gains tax implications.

In short, you can sell your property with the charge on it but the amount the charge is for has to be passed to your husband from the proceeds of sale.

Yes, you can get a financial separation agreement. I did this with a clean break clause in.

It stopped ex-H having any claim over anything I obtained after the date it was signed (and me over his). We eventually converted it into a divorce.

You must have agreed the financial charge in the first place no?