second charge on house

[alisonjoy]

i am recently divorced.in may i transferred house into my name and took on the mortgage. my ex had been on the motgage only the last 4 yrs of which 2 he was unemployed. i had the house 9.5 yrs previous. last yr my mom gave me �40k for an extension which we have paperwork to back up this was to be repaid if the has was ever sold. my ex has since lost his job and has debts of �40k. he has been adviced by cab to go bankrupt. i know the receiver will say he has a beneficial interest in the property but so has my mom. is there any way of protecting her money by say way of a second charge on the house. if so what is the procedure cost etc. i need to make sure my exs interest is after taking into account my moms money.

[Gef]

This might be of no help alison for which I apologise. My wife and I are currently undergoing an amicable separation which will lead to divorce. Legal advice was to agree everything backdated to the date of separation. Once the divorce is through there will be no come back. That's under Scottish law.

[lady_p_gold]

What happened when you got divorced, if it was put into your name as part of the divorce settlement then all the papers should have made sure that there was no come back from your husband and that he had no further interest in the property. So if it is solely in your name then it is nothing to do with him anymore, it is yours. If you used a lawyer to transfer the house into your name or for the divorce then I suggest you get in touch with him to find out the position.