Want to sell FMH but ex husband's where abouts unknown!

[julialou26]

Bit of an odd one this (or maybe not!) I've been divorced for 6 years now and have lived in the FMH with our two children. There is a charge on the house to say he'll get 35% when it's eventually sold. The mortgage and house are in my name. Does anyone know if I need his permission to put the house up for sale? The problem being I don't know where he is. All I know is that he's recently emigrated to New Zealand so wouldn't be able to ask him. Anyone know anything about this kind of thing? Any advice or knowledge would be much appreciated!

I would imagine aslong as he gets his share 35% once sold then, i cant see how it would be an issue. Maybe seek some legal advice

No you don't.

Normally the beneficiary of the charge would need to sign something ( or get lawyers to do so on their behalf) in order to formally discharge the ch arge.
I reckon you are going to have to trace him.
If all efforts still lead nowhere then I guess you could make a court application to effect the discharge, but you'd need to prove you'd explored every avenue.

No one will buy it without his signature which is why he has registered the charge against it so you really are going to have to find him or get some kind of court order saying you don't have to. Did he have a solicitor in the UK you could contact who could receive the funds for him?

Get him professionally traced or get in touch with his relatives if you can still and find him that way - sounds like a good Dad...