Charge on Property

Skiddaw1

Hope things work out spidercrab. I agree- ex was a bit unfair (or naive possibly) to expect your sons to have to deal with it all.

xylophone

Hello again. I know I said I wouldn’t post again but feel I should clear up a few things because it sounds like a few people are trying to make me sound like I’m trying to manipulate this situation.

It seems to me that the problem has arisen because of the "drip feeding" of information /and the use of two separate threads.

It is not possible to make useful comments if relevant information is not provided.

And the information you have given is somewhat nuanced from post to post.

The house and mortgage are in my name. This is a goodwill gesture and not regarding any money I owe him.

I agreed to put a charge on the property as it was our family home. We were divorced over 20 years ago and he paid nothing towards the house since he left. I wanted to take over the mortgage and knew that it would be easier to do this if I offered to give him money when it was sold. He was happy with this arrangement.

The money was to give him back about half the value of the property when he left.

The charge literally says that the house will be sold when the children leave home.

wording is pretty much when the first of our children leave home permanently I will sell the house and give him £50,000.

To those people commenting on why my sons are still at home when they are well into their twenties are a bit out of order.

I can't find any post commenting on/questioning why they are still at home.

GDB2222

Skiddaw1 wrote: »

Hope things work out spidercrab. I agree- ex was a bit unfair (or naive possibly) to expect your sons to have to deal with it all.

I agree on both of those. I don't think that a lot of the comments here have been very kind or helpful, really, let alone knowledgeable.

GDB2222

xylophone wrote: »

I can't find any post commenting on/questioning why they are still at home.

Look again. Do you agree that such comments are unhelpful?

xylophone

Look again.

I have found just one which says

In the OP's case the ex left almost 20 years ago so the children must be at least in their 20s if not their 30s so it sounds unusual that they've not left home yet or not planning to in the near future

I agree that it is not helpful to the OP's situation as it does not answer her question or throw any light on the insolvency question.

My question now is could I be forced to sell my house to pay off his debts?

xylophone

I agree on both of those. I don't think that a lot of the comments here have been very kind or helpful, really, let alone knowledgeable.

I cannot agree that a lot of the comments have not been very kind or helpful.

People have commented that the charge may be an asset of the deceased's estate, that his sons may have "intermeddled", that if his estate has the benefit of the charge that it may not be insolvent as declared to his creditors (depending on the size of his debts/any other assets he may possibly have) and that legal advice would appear to be necessary.

They have also pointed out that the devil is in the detail and that the solicitor will require full disclosure of the facts and any available documentation before he can advise the OP/her sons what action may be necessary.

With regard to the deceased's action in making his sons his executors/beneficiaries, it seems unlikely that he deliberately set out to make life as awkward as possible for them?

silvercar

With regard to the deceased's action in making his sons his executors/beneficiaries, it seems unlikely that he deliberately set out to make life as awkward as possible for them?

If someone goes to the effort of making a will, I would think it would be in case they have an estate to leave at some point in the future and so he was preparing for that. If he had fully thought this through, he may have cancelled the charge also, but I guess he didn't expect to die with only debts.