Matriomonial home rights and mortgages

iolande

I'm in the process of getting ready to divorce my husband and have matriomonial home rights registered on our home. I've just received paperwork from the land registry that he has registered a charge against the property for an old loan that predates our marriage (it transpires that he "owes" his brother a substantial sum from before the marriage and they apparently signed an agreement that he would pay it back from the sale of the house). Is that legal? Can I get the charge removed? Or can he do what he wants as the property is his?

Thrugelmir

A question for your solicitor I feel. As the act in itself raises obvious questions.

iolande

Quite possibly, but it's almost mdnght and I suspect they are asleep ��

TrickyDicky101

When did your husband register the charge - was it before or after your marriage? I presume the title to the property is solely in your husband's name?

AnotherJoe

Tricky dicky, since the op just received the paperwork it's obviously just been registered.

I see one of two scenarios, either there really was a loan and husband has decided to make it official due to impending divorce, or husband and brother are committing fraud and conspiracy to fraud.

Presumably if there was such a loan there will be documentary evidence even if it's just money moving into and out if bank accounts between the two.

In either case it would seem to me that the loan amount could only be apportioned against husbands share when the house is eventually sold many years hence. But then IANAL.