property charge

powpow_3

Dear experts,


My problem is; my home is in my sole name however my ex has some how managed to put a charge on the property.
She has also lied to the state and told them she has no interest in the house{she is now in socail housing}.

There is no money in the house because apart from the main lender 2 other companies have charges.

My parents would like to negotiate a deal with the other lenders and buy the house for the kids but not with the ex hanging over it.

I have offered to give her the house so i can try for another, but she says she cant afford to run it.

She is playing the state system and me. Is there a legal way to get her off apart from telling the state her game?

Thanks
POWPOW

seabright

Do you mean she has fraudulantly obtained a mortgage or that a charge has been placed on your house, in her favour, as part of divorce proceedings?

If the former, get a copy of the Legal Charge Deed from the Land Registry (www.landregistry.gov.uk). You need to download a OC2 form and request a copy of the legal charge. You will need to know your title number, which you should have on the Report on Title your solicitors will have prepared when you purchased the property.

If the latter, then she can only be removed by redeeming her charge and if/how you do that depends on the terms of the divorce proceedings.

If she's committed fraud, you need to get the police involved.

zippychick

Hi

I've moved this to the mortgages board to see if you can get some specific advice

Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL]

thanks
Zip

ineedhelp2008

So has she got a charge for a specific amount or has she got a matrimonial home rights notice preventing you from disposing of the property until her claim against the property has been dealt with? If its the latter, you need to negotiate what she wants from the property, i'm assuming a pay off, and then get the notice took off. You need to see a matrimonial solicitor in the first instance.

Thrugelmir

ineedhelp2008 wrote: »

So has she got a charge for a specific amount or has she got a matrimonial home rights notice preventing you from disposing of the property until her claim against the property has been dealt with? If its the latter, you need to negotiate what she wants from the property, i'm assuming a pay off, and then get the notice took off. You need to see a matrimonial solicitor in the first instance.

I concur with this view. As your ex has merely taken advice legal advice to protect her interests.

She has not lied as such. As the charge merely gives her rights under a collection of statutory acts which are known as the "'Matrimonial Home Rights'". She has no direct interest in the property itself. One right for example is to occupy the property.

You should seek professional advice yourself. Rather than attempt to play games which will get you nowhere.