charge on deeds

[rubycon]

My ex husband borrowed money of his dad to buy the property we lived in- I paid the rest - roughly 75/25, me paying the greater. It was bought outright in joint names and a charge was put on to the deeds.

When we divorced a couple of years ago, neither of us could afford to remove his name off the deeds, but the ownership went to me, solely in the divorce settlement.

I am now selling the place - at a large loss. My ex FIL has asked me to pay back some of the charge if there is any spare cash. I'm happy to pay some off, but there won't be a lot left once I've bought a new property to live in.

Am I legally obliged to pay it all off or should his son pay his share of it too, since the loan was to him originally and not me?

Go to a lawyer, really unadvisable to provide advice without seeing documents sorry!

ok, thanks.

You say that ownership went to you in the divorce settlement, which means that the deeds should now be in your name (ie that your ex signed a transfer deed which was registered at the Land Registry). If that did happen, then I would have expected the conveyancer to have obtained your ex FIL's consent to the transfer into just your name, but with the charge still registered.

Anyway, I'm guessing that the charge is still registered, which means that as soon as you sell it, the conveyancers will pay all of the charge back to your ex FIL and account to you for the balance.

As bekspolo says, you really need to go to see someone and take all of your paperwork with you.

You would have to settle the charge before you could use any of the money. I wonder why there was no mention of the charge against the property in the financial settlement?

You would have to settle the charge before you could use any of the money. I wonder why there was no mention of the charge against the property in the financial settlement? Also, if your ex is still on the deeds this could hold things up with regard to the sale.