• Voluntary Charge?

    By Guest on 06th Nov 2015

    I wonder if you can give me some guidance.
    I was granted a divorce in July 2014 and the order made was that the family home was to be transferred to my name, as I and the children occupy it.
    Unfortunately, as I have not been able to get a new mortgage, I have not been able to make this transfer yet. I have explained this to my ex-wife and she has reluctantly accepted this.
    However, recently, she has said that she is looking at adding a voluntary charge to the property for the value of her debts.
    As the property and existing mortgage remains in both names, is she able to take a “voluntary charge” without my agreement?
    Thanks for your attention to this matter.

  • 1 Answers

    By Guest on 08/11/2015

    There are various entries that your ex wife could register against the title to the property but if she wanted to register a charge you would need to sign the document that created the charge or she would need to get a court order. Nonetheless you should seek the advice of a matrimonial lawyer.

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