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

No - unless the rules have changed since my divorce, a spouse can register 'marital interest', I think it was called, with the Land Registry and this automatically places a charge on the property.

I'm really not sure OP can just 'put a charge' on his house as she doesn't live there. The quickest way to find out is to phone the Land Registry.

However, OP, all your assets are technically shared until you get a divorce & a financial settlement. Sounds like it's going to be messy.

Is there confusion between registering a Home Rights notice with what OP described in the post title as a financial charge? They are 2 different things. Home Rights notice just stops your spouse from selling the marital home out from under you if it is owned solely by them. It doesn't confer a financial benefit.

OP it doesn't matter if you want anything to do with him or not.
Put it on his property too because divorce is a negotiation and you need this as leverage.

Please speak to a solicitor asap.

I would speak to Land Registry. Did you consent to the charge via form CH1? If not or if he forged signature then you need to take action quickly.
In any case get a divorce ASAP! You can put the financial order in place before the divorce.

Presumably you just need his agreement to sell, then the financials can be sorted out afterwards, but I’d have thought it would be better to resolve the financials as part as the divorce settlement.

Why are you not divorced already?

I think you’re in a better negotiating position than you think here OP, depending on a few things, and if you’re good at bluffing/negotiationg.

Did your ex ever live in the property you’re selling? For how long? Where did money for this purchase come from?

How many years have you been separated?

I don’t know if you can put a charge on a property you have never lived in, but I do know ex won’t be able to claim on yours without you claiming on his, or for that to minimally be a mitigating factor.

Are the two properties similar in value?

Scenario 1- ex claims in interest in your property to current date value because you’re still married, which also means he has to accept you have a marital assets claim on his share of the inherited property to date.

Scenario 2 - he claims you have no interest in the inherited property because it was inherited post-separation, which means you will be able to at least discount his interest in your property by X years. He can’t have it both ways.

Scenario 3 - you both agree to release the other from a claim against properties in exchange for a % of each property. Be great if his was worth more as then this won’t be appealing at all.

Hold your nerve and negotiate quickly and calmly.

Is he up to date on CM?

Marriage is fine and legally very important. Your mistake was to separate but not divorce. Until you are divorced , and have a financial order in place, your husband has a claim on a percentage of absolutely everything you own ( as you do on his assets). People think it doesn't matter and that they will 'get round to it sometime'. It needs to be done the minute the marriage fails. Divorce is one part of the process. The financial order to deal with, and finally sever,all financial ties is the second part.

I don’t understand why you didn’t get divorced, seeing as you owned property. What was your reasoning?

He is entitled to a share of all your assets, including property, pensions, savings etc. Obviously the same applies in reverse.

You need legal advice.

I would definitely put a Home Rights charge on his property. I know you don't want anything from his property but it's tactical as he might propose to "drop hands" with both of you removing the charges.

The only thing that makes me wary is that you have another property (which he hasn't put a charge on?) Does he know about that property? He might retaliate by slapping a charge on that one too.

Having said that, as you aren't divorced, all three properties are marital assets, registered charge or no registered charge. His house may be held as tenants in common with his sister so effectively he has only 0.5 houses in the equation. You have two. Divorce will involve a financial order to split the assets and if you can't agree then the court will decide.

The starting point is 50/50 so you'll need your lawyer to fight for you to get more than 50%. The fact that you have sole care of the child of the marriage and the fact that he us adequately housed in his 0.5 house will both help. But you might still have to pay him something as your assets are notably more. I appreciate that is aggravating and seems unfair but marriage is a legal contract that protects the less well off partner. Usually that's the woman because she has curtailed her earning power to be primary carer of the children. Unfortunately in your case your ex is both less well off and NOT the primary carer. So you are right, being married has not been of benefit to you.

However, please get on with the divorce now. The more your properties gain in value, the more there will be to get his grabby mitts on.

(Disclaimer - I'm a solicitor but not a divorce one. )

It's a marital charge not a debt one. Meaning he has registered a financial interest in the property on the basis of marital rights I think

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

But he does have a right to it. You're married. That's the point of marriage.

He'd have an equal right to your debts too, if that's any consolation.

Why are you saying you cannot fathom how he thinks he has a right to your property? You are married to the man!

Thanks to all that have commented.

After we split I was unwell. I needed counselling in my house, and a lot of support from women's aid and mental health services. I. Actually due to start a counselling course next month to assist with emotional regulation... before I do trauma counselling. I was diagnosed with CPTSD. Social services were involved because of the DV and once it was clear he wasn't getting back into the house they closed the case. I was just so relieved that there was peace in my home that I did not do what i needed to re legal matters. I didn't have money for a divorce and neither did he and it didn't feel a priority after he was bailed he couldn't contact us and also there was a non mol in place ex parte so I just remember it being a time when immediate safety wasall that matters.

Another former solicitor here - not practised for years ! Please see a solicitor asap who can advise you on Divorce law and Property .

Do not panic and knee jerk as others have said you have marital assets including multiple properties between you and probably pensions . All of which would be taken into account .

Good luck OP

He has had no access with DD but in divorce I think statement of arrangement for childcare means something needs in place. DD doesn't want to see him. She's never known him. Her much elder sibling loathes him and doesn't want him coming to house etc. Womens aid also advised not to be alone with him too. I have not bad mouthed him and won't discuss things such as his behaviour around my DD as I think that's inappropriate. Yes he did bad stuff but that shouldn't be put on her. She's a child. That may wish to have a relationship with him. I don't want to have caused her any distress due to my own feelings about what happened. I also feel huge guilt that I didn't deal with the situation at the time.

Really worried about the impact being forced to see him will have on DD. He refused to interact with social services and they had advised no unsupervised contact. I know that he will push to see her hoping I'll pay up to protect the child from this.

I never wanted anything from him. Just to be left in peace. I'm well aware I've been stupid but I'm hoping to limit my losses now.

Will def see what solicitor says later today.

Trying hard to see this as a positive thing in that it may be catalyst to a divorce and sorting things out once and for all. Feels like a huge kick in the chest & unwelcome reminder of all that went on.

Apologies for the rambling replies. Thank you all

This gives me some hope.

Thank you

There is a lack of legal clarity in your post, but I'm assuming he has registered a Homes Rights notice.

If you are already divorced you can get rid of that by applying to the land registry, sending them the decree absolute (or final order as it is now known).

Get advice from a family law solicitor.

RTFT, it's in her second post that she is still married.

I think the lesson is not so much not go get married but that if you do separate get divorced as otherwise you’re still legally tied.

It is a marital charge on the property. Registering a financial interest in it. The interest not coming from actual ownership or financial contribution whatsoever. Merely marital rights.

Home rights notice I think is preventing a spouse from selling a prop leaving the other unhoused. Whereas they would have been housed due to maritalright to remain on property.

Depending on those circumstances potentially a non mol or occupation order might be required.

But I'm not sure about this.

Not divorced. Yes speaking with solicitors later today. Just trying to get a feel for what's happening and hear others opinions. I don't want to do him any harm or take anything from him. But I need to protect myself as best I can from having to hand over money for something acquired through inheritance prior to meeting him. Altho I understand now married its all to play for per se.

Think if anybody had assests going into a partnership they be wise to ring fence or protect through pre nup or financial agreement prior to committing. Get legal advice before. Prevention not cure :(

I would put a charge on his property if he refuses to move yours.

There is no watertight prenup or ring-fencing of assets though - if they were needed to achieve fair division they would be used if there was no other way of achieving it. If assets could be divided equally without touching them they would.

The main thing here is just to get divorced.

Just getting divorced won't stop the OP problems.

She needs to get divorced with a consent order.

Otherwise if she wins the lottery, has a very successful business, or otherwise comes into money he can go after those assets.

There are famous cases of this. Plus there are a couple of posters on MNs whose husbands this has happened to.

There is no such thing as a marital charge. There’s either a Homes Rights notice or there is a notice to protect an application for property adjustment order that he’s made as part of an application for financial remedy. First one is easy to get rid of (get the final divorce order/decree absolute). Second one is harder to get rid of because you need a final financial remedy order.