Putting a charge on FMH to secure share of equity

[julialou26]

Hi as part of my divorce consent order it states that a legal charge as security for the payment to the Respondent (my ex) of 35% share of equity. Does anyone know who would be able to do this? Would it be done by a Solicitor or the Land Registry? I'm very confused. I want to take on the mortgage in my own name but he's refusing to come off it until I put the charge on. TIA

You need a conveyancing solicitor to deal with the transfer of the property to your name. Simultaneously with the transfer (and him coming off the mortgage, or you remortgaging in your sole name) his charge goes on. He should get his own lawyer to draft his charge properly, otherwise your lawyer will do the minimum to comply with the order.

If he can't wrap his head around that I fear you will have to go back to court so the judge can sort it out.

Thanks MrsBertBibby... I really want to avoid going back to court, it's 4 years since the divorce was finalised and it's been a battle to get this far due to his non-compliance with the order. All I want to do is take on the mortgage and get his name off the deeds. He lives in Jersey and pays nothing towards the mortgage. Do you happen to know if I'd need his consent to re-mortgage in my own name? I guess he'd have to sign something? Thanks for your help :-)