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legal charge advice - ex moving away

  • tombodaddy
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24 Jun 12 #338783 by tombodaddy
Topic started by tombodaddy
Hi
My ex and children will be moving 100miles away to live with her new husband in his house.
I have a 15% legal charge on her house to be paid to me in event that she remarries, cohabits, or moves abroad before our youngest is 18. She hasn''t married him yet, but will be doing so later this year.

She says she won''t give me the 15% but will instead keep it in trust adding the same amount of her money to pay for uni fees.

I don''t think she can do this but am unsure as technically she is selling the house BEFORE marrying - does this get her out of the charge?

Any help would be really appreciated as I just can''t face the solicitors again at this time.

thanks for your trouble in replying

  • LittleMrMike
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24 Jun 12 #338790 by LittleMrMike
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No, I don''t think she can, unless the order makes specific provision for a charge to be transferred to a replacement house, which can sometimes happen.

If she tries to sell, any buyer will insist that the charge be removed. You will not remove it unless you get your cut.

What is more, she has no right to use your share for other purposes.

It really does depend on the wording of the order, and I could do that for you - if you can find a way of sending the order so that I can have a look at it. Alternatively, you may be able to find a family solicitor who will give you a free 20 or 30 minute appointment. That''s all it should take.

LMM

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24 Jun 12 #338791 by tombodaddy
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Thank-you so much.

I know I should see a solicitor but I am fearful of the cost and advice as the one I used for the divorce seemed (on reflection) less than efficient but cost £k''s. And the mail about her moving came out of the blue a few weeks ago and I think I am in denial! but will get things moving. Currently they live only 10 miles away.

I am just digging out the paperwork to have a close look again.

I appreciate your response and would like to reply again when I have reread it if I may.

thanks

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24 Jun 12 #338795 by tombodaddy
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