charging order

Gulliablenskint

Hi I hope someone can offer some advice please. Basically house was purchased as joint tenants in 2005 we split up in 2008 house went on the market but did not sell. Ex partner wanted to go interest only and then once done refused to pay anything toward the mortgage. I could not remortgage as did not earn enough but have maintained the payments since 2013. He then guanrentored a loan and the borrower did not pay and neither did he so a charge was added to the house. He then passed away in 2016 my question is when the house is sold can I deduct from his share the mortgage payments that he has missed prior to paying the charge on the property?

AdrianC

When your ex was alive, their debts to a loan lender meant a charge was placed against the property which you owned jointly at the time.
Your ex has been dead for four years, and you have been sole owner of the property since then.
You now need to repay the charge against the property to sell it...

You want to offset the debt you think your ex owed you against the debt he owed to somebody else entirely?
Why would it be their problem?

Angela_D_3

Surely you don’t need to sell it at all,  if nobody is forcing you to let the charge stay on there until it suits you to sell,