Charge back in applicants favour?

I have Final Hearing coming up and have just received a letter from the other party solicitors which I'm a bit confused with ( I'm Self Repping). I have asked for FMH to be transferred to my Sole name, and a Clean Break Order.His solicitors have agreed to a Clean Break but have written ' The FMH to be transferred to your sole name and a charge back in our client's favour to be realised on the occurrence of one of the following events:

(a) the youngest child of the family attaining the age

b) your death

c) your remarriage

d) voluntary vacation of the property by you for a period of 6months.

My question is: what is a charge back? Would it mean I cannot sell the house? How can that be a Clean Break? I', really stressed about this as my x husband has dragged this case for over 5years, he is still trying to control my life by any means available. He never contributed to FMH or the 5 kids, lives on Benefits whilst I have always worked full time and raise my kids.His contribution to the marriage was physical abuse hence my divorce. He took me to court to get share of FMH which is in joint name ( he insisted i put his name on Deeds).
thanks

They are asking you to accept a mesher type order why by he retains a % interest in the home to be realized when one of the trigger points (abc or d) is reached.

Zainy

Unfortunately it may well be that he does get a share of the property - depending on what other assets there are.

My ex did not work for much of our marriage and did not do childcare either - he too was on benefits but still got nearly 20% of the cash assets (house equity + endowment) and kept ALL of his substantial pension.

Have you posted details of your finances so wikipeeps can help you with advice about what a fair settlement could be? It is pointless going to FH if you are being "unreasonable" regardless of your motivation ... there is always a risk they will ask for costs. I agree that DV is unacceptable and it would be good to be able to tell you he will get nothing from the house - but unfortunately this is unlikely to make any difference unless his DV has actually affected your earning capacity.

The FMH would be a joint asset regardless of whose name is on the deeds. You clearly need it for now because you have the children but there is an argument that in tkim when they reach 18 you will need somewhere smaller and can free up cash for him unpalatble though that may be What percentage are they asking for?

Hadenoughnow

Thank you for prompt response, I understand where they are going with this. His solicitor has not asked for any % yet but I'm sure they would.
My x has a 3 bed room house worth about £110,000 he purchased a few months after leaving but he has 79,000 mortgage on it and its in his sole name.FMH is mortgage free ( I paid it off) and is worth about £!40,000.He is also not declaring his overseas Real Estate worth millions. He works for a employer who has downsized his salary now where as the same employer raised his salary for mortgage purposes to £35000). In the last hearing,I raised all this and the judge wasn't too happy with them.

I'm looking for a Transfer of FMH as he has a home to stay which is just his and I want nothing from him by way of maintenance for my children. My eldest is getting married and as its is custom in our culture, Brides side pay for the wedding which I am doing as he has refused to have anything to do with it. Would the court take into account my responsibilities now and in the future? I have put two daughters through University with no help from x.I have two children at home with me ( 4 and 11) and up till November last year 20year old. He has now moved in with his dad as he had to share a room with his younger brother, his father had a spare room. I am still paying for him i.e Train fare, clothes and pocket money as he is doing his A Levels. This Sept he is going to Uni and his father has refused to support him so I know I am going to end up supporting him too.

Any advice will be appreciated.

Rainy,

It sounds like you are being messed about by your stbx. Was the judge able to give any indication of the likely outcome at FDR??

Have you any proof of the existence of overseas property? At FH if you can raise reasonable doubts about his truthfulness ... don't call him a liar just ask questions that show him to be one - I would hope that the judge would take a dim view and act in your favour.

I would certainly raise your responsibilities - if necessary update your form E to show the (reasonable) wedding costs as a capital expense.

Make sure you have evidence of your capital contribution to the mortgage. That will need to be in the bundle produced at court.

You have not mentioned pensions at all. Do he/you have any pension provision?

Your son who is going to Uni can make his own application for support at Uni from his father. It is also worth you investigating the grants etc available. Depending on your income you can get tuition fees paid.

How does your income compare with his? In an earlier post you said he was on benefits .. is that still the case? You also said he was working .. is he fiddling the system or is he off benefits?

Do you get child maintenance for the two youngest children - even at min rate? Do they spend time with him?

I think his solicitors are trying it on. If you have not already made an Open Offer that he transfers house to you then perhaps now is the time ... ?


Hadenoughnow

Once again, thanks for valued advice. He is working full time but gets paid mostly cash in hand and his employer only shows he works 16 hours so that he can claim benefits. This is quite common practice in Take Aways and it seems the Inland Revenue are not too keen to put an end to this. He claims to be earning less than £90 a week yet he has £500 mortgage a month. I do have quite few questions I want him to answer in court and will take on board your suggestion of refraining from calling him a liar.

I have already submitted proof of who purchased, paid mortgage and is maintaining FMH.His solicitors are unprofessional and so far he has over £10,000 in cost due to this firm. His well paid Barrister tried to confused the judge into believing I was the Applicant until I corrected him, He also left most of his case notes back at the office. I had taken several copies of the relevant notes and handed him and the judge a copy. Obviously, this didn't go down too well with the judge and the case was set for this forthcoming FH.

I do get emotional when he tells lies but will try my best to control myself and be professional.He has no pension and mine has been frozen long before the Divorce due to lack of funds..its very small amount. He has never paid any maintenance to any children, not a penny.He lied about this but got caught out when it was proven he was claiming benefits as unemployed person whilst living at his employers house.

My salary is about £22,000 before tax but with that I pay for private Nursery for my youngest so that I can work. All the children are raised by me and he only sees our son few hours a week. Since FH he has let him stay two nights just so he can use that in court. I haven't got the heart to stop my son going there as he enjoys his visit. I have proof of paying my daughters Uni Fees every year and for their accommodation.

Hello All at wikivorce!!

Yesterday I had my FH and its finally over. My x had a Barrister to present his case but as I was self Repping, during cross examination, I proved beyond a shadow of a doubt he was a liar,greedy and irresponsible man.Once I finished cross examing him, his Barrister couldn't do a thing to save him.
He got 20% to pay off his Legal costs only, which means I have to give him £35000 in next 3 months and the house is to be transferred to my sole name.
I must say the Judge was great, he explained each and every process to me and gave me plenty of time to have my say.He asked him questions I missed out on to clarify things. At the end of final decision he commended me on how professional I was and what a great responsible mother. Although I am going to be paying off the loan for next 5 years, I am really pleased its finally all over.

THANK YOU ALL FOR YOUR BRILLIANT SUPPORT,I COULDN'T HAVE DONE IT BY MY SELF.BIG THANK YOU TO 'Dukey'. My life is my own and I can get on with it. My advice to anyone going through tough time is...hang in there, there is light at the end of a tunnel if you are being honest and sincere. Judges are able to see through people.

Zainy