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unknown property charge after court order

  • box clever
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25 Mar 12 #320023 by box clever
Topic started by box clever
Hi,
After a bitterly contested divorce , we came to an agreement without the need for a final hearing.
It was signed by both parties and agreed that I, the applicant, would receive fifty percent of the equity left in the property, and the respondent would pay half my costs out of her share.
I had a matrimonial homes right charge kb the FMH, which is now sold. With completion due at any time I removed the said charge.
I have just received the revised land registry document and it appears a year after my charge went on, the solicitors acting on the respondents behalf have applied a charge to the property.
At no point during the countless hearings has the applicant mentioned this, and when negotiating we said absolutely no to myself paying towards her costs.
Please help, what now?

  • TBagpuss
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27 Mar 12 #320250 by TBagpuss
Reply from TBagpuss
what was the wording of the order? Usually, an order like this would define ''net equity'' so it specifically refers to (for example) value less mortgage with X, solicitors and extate agents costs of sale etc.

If that is the case, then you are entitled to 50% of the equity as defined by the order, and any charge which her solicitor has will be against her interest only.

If equity was not defined, or was defined in such a way as to include their charge then I think that your first move is to contact her solicitor to flag up the fact that the charge was not diclosed at the time the order was made, and that unless you recieve confirmation that they will release the charge upon completion and will not seek to claim anything from you you will have to refer the order back to the court to appeal the order on th basis that this was a material non-disclosure.

However, I think it is most likely that this is secured to protect their costs position and unless there was a costs order, that is a debt owed soley by her, so the charge will only be on her share in the property.

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