Selling house and charges over it

susiesheep

My ex is selling the house we bought together I have agreed to sign all documents as I’m still on the mortgage but have agreed to not claim anything as he has paid the mortgage for 10 years on his own but I just had an email from his solicitor saying there is a charge over the house from a dissolved company - it’s from a car purchase from 15+ years ago -  the car was stolen before the finance on it was paid and when my insurance didn’t cover the full amount to pay the finance company I looked into it and found that the car sales had mis-sold me the gap insurance and finance - it turned out that half the finance was set up as a personal loan and upon fighting this I had a charge against my property as I refused to pay. Am I liable to pay this ? The company has dissolved and I have not had any correspondence from them since the charge was issued - as it’s a charge shouldn’t it just come out of the selling price or can it be ignored or do I have to pay it ? Help !!!

RelievedSheff

The charge will come out of the funds when the house is sold.

Someone will have bought the debt when the original company was wound up so the money will still be owed to someone.

sharpe106

You still owe the money when the house is sold to somebody, so probably best finding out too who. 

Mojisola

susiesheep said:

My ex is selling the house we bought together I have agreed to sign all documents as I’m still on the mortgage but have agreed to not claim anything as he has paid the mortgage for 10 years on his own but I just had an email from his solicitor saying there is a charge over the house

I think it should come out of the sale of the house.  Your ex has been happy with the house value being its sale value minus the debt for 15 years.  If he viewed it as your personal debt, he should have got you to pay it off when you broke up.

unforeseen

Mojisola said:

susiesheep said:

My ex is selling the house we bought together I have agreed to sign all documents as I’m still on the mortgage but have agreed to not claim anything as he has paid the mortgage for 10 years on his own but I just had an email from his solicitor saying there is a charge over the house

I think it should come out of the sale of the house.  Your ex has been happy with the house value being its sale value minus the debt for 15 years.  If he viewed it as your personal debt, he should have got you to pay it off when you broke up.

Assuming that he was aware of the charge

celinepatricia

RelievedSheff said:

The charge will come out of the funds when the house is sold.

Someone will have bought the debt when the original company was wound up so the money will still be owed to someone.

if somebody bought the debt when the original company was wound up surely the would have been in touch??