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Legal matters

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Original poster

Divorce - money

9 replies

Frith1975 · 09/02/2018 19:22

Can anyone please advise me on the following?

Got divorced 2005 after years of domestic violence. Ex refused to work after we got married and has now not worked for 19 years. (This is relevant).

He had 30% of the money in the divorce (I.e the value of the house as he had spent everything else). This was about £30,000.

I said I would take on his share of the debts he ran up so I then owed him £15,000.

His solicitor then pointed out that as he had taken me to court 40 times, his legal aid bill would take the money off him. The solicitor said to put the money in trust for my sons instead and this was drawn up by the 2 solicitors.

My older son is 18 this year and I’ve almost saved up his £7,500. But how do I prove it?! Will anyone check? It’s written in the Land Registry deeds to the house so do I drop them a line? Send them a copy of my son’s bank statement with the money in it?

Thank you.

OP posts:

prh47bridge · 09/02/2018 20:01

No-one will check. You don't need to do anything.

Original poster

Frith1975 · 09/02/2018 20:39

Can I ask how you know this? (I don’t mean that to sound stroppy but my divorce left me with Generalised Anxiety Disorder and I can hardly pick up my post without wondering if it’s something from my ex’s solicitor, even now).

OP posts:

prh47bridge · 09/02/2018 22:37

Because I know it! The state does not enforce divorce settlements. Neither the Land Registry nor any other government body has the time and resources to make sure you have complied with the court order.

However, looking at what you have written, it sounds like there is a charge against the house. In whose favour is the charge? Your son, your ex or someone else? It is normal for the person who holds the charge to inform the Land Registry that it has been discharged. No proof is needed - if they say it has been discharged the Land Registry will remove the charge.

Original poster

Frith1975 · 09/02/2018 22:43

The charge(s) are for my sons so they get their money when they each reach the age of 18.

OP posts:

Original poster

Frith1975 · 11/02/2018 21:30

I’ve had another look and it is a Deed of Trust, signed 13 years ago by me and my ex husband. So no doubt he’ll be demanding to see the money 2 minutes after my children are 18.

OP posts:

Original poster

Frith1975 · 12/02/2018 13:57

For anyone following this scintillating thread... after contacting a solicitor and the Land Registry I can say that “you don’t need to do anything” couldn’t be further from the truth.

A RX3 has to be lodged with the Land Registry to cancel the restriction on the deeds.

At each child’s 18th birthday, a statutory declaration has to be drawn up with a solicitor to such that the Trust has been ended legally.

OP posts:

prh47bridge · 12/02/2018 14:45

The question you asked was whether anyone would check.

The advice you have been given is about how you get the restriction on the property removed. You do not have to get it removed immediately. There is no requirement to do so.

Original poster

Frith1975 · 12/02/2018 16:16

My ex will check as he is one of the trustees. So would the Land Registry if I sold the house.

OP posts:

prh47bridge · 12/02/2018 16:31

If you know your ex will check it is not clear why you asked if anyone will check. And, as your latest post indicates, it won't be an issue for the Land Registry until you sell the house. So right now you do not have to do anything. The restriction will need to be removed at some point but there is no immediate need to get it removed.

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