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Advice re a charging order

  • Flower64
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05 Jun 21 #516890 by Flower64
Topic started by Flower64
Hello - I’d be grateful to hear from anyone who’s experienced at dealing with appealing a charging order. My ex and I divorced over two years ago, separated almost three years ago. We’re 18 months into financial proceedings which he hasn’t engaged with. At the last hearing which was an adjourned FDA the judge enforced the penal notice moving straight to final hearing reserved back to himself and my costs reserved. I’m due a date for final hearing soon. He’s indicated in the last order that the only asset is the house and I’ve asked for it to be transferred to me with no cost payable as there’s limited equity, I funded the deposit and my ex ran up excessive debt which I’ve had to pay. The judge has stated that if the ex doesn’t file his form E or turn up again then he will make this order. There have already been four orders to file, two hearings and a penal notice. He also took on board my feedback that the mortgage fixed rate has expired and I can’t remortgage and this is just simply an exercise by the ex to cost me more money. He said conduct is a factor in this case.

I’ve now received an interim charging order on the house. It’s totally thrown me. It’s not for a huge amount but it’s my ex husbands debt not mine as I don’t have any debt other than the mortgage. I have the right to appeal it - and I want to on the basis that the courts already said that they’re going to transfer his interest in the house to me at the next hearing if his behaviour continues. He hasn’t paid anything towards the house and he owes me money in court fees and child maintenance as well as all of his other debt. A colleague he works with has told me that he’s informed all of his creditors to take out charging orders against “his interest” in the house but he’s well aware that the court is minded to rule that he has no interest in it - but that won’t happen until the final hearing for which I still don’t have a date due to Covid delays.

Apologies for the ramble but if anyone does have experience of successfully appealing the interim charging order or knows the law in this area I’d be very grateful for your advice

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