Quizzes & Puzzles8 mins ago
Charge on Property
3 Answers
I have recently seperated from my wife.
She transfered all the equity money from the sale of our home over 3 months ago into her own name from a joint account.
Whilst in South Africa she then terminated our relationship and went and purchased a house in her sole name using all the money.
I am now left homeless and no money what so ever.
I have been in touch with my solicitor to make a charge on the property to which I have been successful but this will elapse in 2 weeks from now.
I want to know can I apply for a court order for the house to be sold so I can claim my share in the original equity.
some facts to consider
1. the house was purchased 6 weeks ago
2. the wife is still not living in the house
3.we have one 3 year old boy
4. she is continuing as we speak to to fully refurbish the house to her specification and taste.
5. She and my boy have been living in her parents family home for 7 months
Is it possible a court will enforce a sale of home or will they more likely give me a percentage share of the new house once sold.
Im in real financial trouble here and the spare monety I have is just going to the solicitor.
The wife will not surrender any money or negotiate a payout deal which I have documented evidence to her saying I will have to take her to court.
can such documentation be used in evidence in a court
She transfered all the equity money from the sale of our home over 3 months ago into her own name from a joint account.
Whilst in South Africa she then terminated our relationship and went and purchased a house in her sole name using all the money.
I am now left homeless and no money what so ever.
I have been in touch with my solicitor to make a charge on the property to which I have been successful but this will elapse in 2 weeks from now.
I want to know can I apply for a court order for the house to be sold so I can claim my share in the original equity.
some facts to consider
1. the house was purchased 6 weeks ago
2. the wife is still not living in the house
3.we have one 3 year old boy
4. she is continuing as we speak to to fully refurbish the house to her specification and taste.
5. She and my boy have been living in her parents family home for 7 months
Is it possible a court will enforce a sale of home or will they more likely give me a percentage share of the new house once sold.
Im in real financial trouble here and the spare monety I have is just going to the solicitor.
The wife will not surrender any money or negotiate a payout deal which I have documented evidence to her saying I will have to take her to court.
can such documentation be used in evidence in a court
Answers
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You have a difficult and serious problem. I assume the amount of money is substantial. From what you say, whatever the strict legal position (& I do not know whether the previous answer is legally correct) you appear to have been misled or worse.
If your solicitor managed to get a charge put on I don't see why it has to run out in 2 weeks and can't be extended or renewed.
Another approach would be to take your wife to Court with a claim for the money and - if you succeeded - then get a charging order put on the property if she was unable to pay off the debt.
Another might be to sue for divorce and try to get the money situation put right as part of the proceedings.
All of these things are likely to be expensive, long drawn out and complex - with no certainty that you will succeed. You need to take advice from your solicitor on the most appropriate way of carrying this forward.
If your solicitor managed to get a charge put on I don't see why it has to run out in 2 weeks and can't be extended or renewed.
Another approach would be to take your wife to Court with a claim for the money and - if you succeeded - then get a charging order put on the property if she was unable to pay off the debt.
Another might be to sue for divorce and try to get the money situation put right as part of the proceedings.
All of these things are likely to be expensive, long drawn out and complex - with no certainty that you will succeed. You need to take advice from your solicitor on the most appropriate way of carrying this forward.
Mustafas view on the world is so black and white! lol
If you could prove that the monies in the joint account were proceeds from the sale of a joint property and that your wife salted it all away, without your knowledge or consent, you may be able to prove theft - thats a criminal offience.
What you choose to do with that 'pearl of wisdom' is entirely up to you and would have repercussions, both financially and emotionally.
Personally, i'd go all the way and get a court order demanding the fair money or force the sale of the place, subject to terms of your impending divorce of course.
Good luck
If you could prove that the monies in the joint account were proceeds from the sale of a joint property and that your wife salted it all away, without your knowledge or consent, you may be able to prove theft - thats a criminal offience.
What you choose to do with that 'pearl of wisdom' is entirely up to you and would have repercussions, both financially and emotionally.
Personally, i'd go all the way and get a court order demanding the fair money or force the sale of the place, subject to terms of your impending divorce of course.
Good luck
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