Xydhius Case

Could anyone offet me some advise please.

I signed a Consent Order under duress. The judge would not approve it as I had been indemnified regarding a third property transfer.

On returning to court for Directions the consent order stood taking into account Xydhius.

I have been advised I should appeal. I cannot afford to do this. The third party has transferred the property in order to protect me.

My question is can the third party put a charge on the property as they are owed money for expenses in maintaining the property and paying service charges etc.

Unfortunately you don''t give enough information for a meaningful answer.

Who is the third party, how are you meant to provide an indemnity, to whom does the property belong and who advised you to appeal?

Charles

Hi

I have posted a lot regarding the situation and didn''t want to go through it all again, as I cant afford to appeal.

So the basic question was purely regarding placing a charge on a property.

I will answer your questions if that enables an answer.

My daughter was the third person (not ex''s daughter). She had a property in her name purchased from inheritance money from my ex''s mother and herself and I were beneficiaries and my ex was the settlor of a bare trust.

As third party transfers are not allowed at financial divorce proceedings I unfortunately was indemnified to pay all costs if my ex had to take my daughter to court to get the property back. The Judge would not approve this. I had already signed the consent order under undue pressure. I was very distressed as my Barrister did not appear to know the law on this matter and some others and I could not stand my ground after she threatened me.

We went back to Court in front of new judge and order had to stand taking into account Xydhius and Godmacher.

My daughter has lost a lot of money financially looking after the property and paying service charge maintaining it etc which was perfectly acceptable as she was a beneficiary. However as this is not now the case I was considering placing a charge on the property to recoup some of the losses.

I have sought legal advise and have been told to appeal, but I don''t want to go through the stress and there is no guarantee that I would win.

Hope that is long enough to confirm details but brief enough not to confuse you!

thanks