ChatterBank0 min ago
Charge on my house
3 Answers
My 2nd husband has run up debts without my knowledge and now his creditors have applied to put a charge on my house. I only put him on the mortgage three and a half years ago, and I have lived here for nearly 14 yrs. I fought to keep this house as a home for my two children when I divorced my first husband (their father) for his unreasonable behaviour. Can anyone tell me if there is anything I can do to get this charge removed from the house? My second marriage in on the rocks due to all this, I am so confused as to what to do. This man has been brilliant with my kids and they don't deserve this happening to them. Can anyone offer me some advise. I knew nothing of the debts until I received notice of intention to put a charge on the house. I am at a loss as to what to do to safe-guard my childrens future.
Answers
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Sadly by adding his name to the Property Title he is a legal owner as much as you are and his debtors will consider the house to be his asset.
Make an appointment to see a specialist debt advisor at your Citizens' Advice Bureau as soon as possible and prepare for this by gathering all relevant information beforehand, getting the paperwork in order and so on.
It will also be helpful if you make a one page list of relevant dates and information, so you can accurately answer any questions you may be asked.
Make an appointment to see a specialist debt advisor at your Citizens' Advice Bureau as soon as possible and prepare for this by gathering all relevant information beforehand, getting the paperwork in order and so on.
It will also be helpful if you make a one page list of relevant dates and information, so you can accurately answer any questions you may be asked.
The charge will only be on your husband's share of the house. Normally this is 50%, but it can be less (or more) in certain circumstances.
If it has been done correctly (which means the creditor obtained a County Court Judgement which your husband defaulted on) then I don't think you can get the charge removed until the debt and any associated costs are paid. However, as Ethel says go to CAB for detailed advice.
If it has been done correctly (which means the creditor obtained a County Court Judgement which your husband defaulted on) then I don't think you can get the charge removed until the debt and any associated costs are paid. However, as Ethel says go to CAB for detailed advice.
In addition to the above two answers (which are both correct in my opinion), it can depend on your type of tenancy ie are joint tenants, tenants in common etc. In the process of applying for a charging order, the claimant must inform all other parties who have an interest in the property ie. normally your mortgage company (ies) and yourself. If you can evidence that you never received notification, you may be able to have it set aside. However, even if successful, all that will achieve is to start the process again. They will notify you correctly this time, and unless your fella can come up with the debt before the deadline, they'll place the charging order anyway.
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