Joint Tenant, House Sale With Charging Order Against One Party

Hi,

I have a property I wish to sell. This property is owned with my husband but I now wish to sell it which he has agreed to and also the equity split based on the below comments. I have an issue with how the equity will be distributed from the sale. We bought the house together in 2011 with a mortgage.  Another mortgage was taken out on the property in Feb 2019.  This mortgage has to be signed by the two of us as it is a joint home and I had to agree it however, the funds were used to put into my husband's now failed business/pay off his credit cards / pay brokerage fees to get the mortgage.  There was a small residue left in the joint account that was used by both of us. 

It was agreed between us that my husband could withdraw his equity when we took out this 2nd mortgage and that it would not impact my equity, with the intention the business would pay it back.  The business made about 3 repayments.  I have a full breakdown/bank statements of this remortgage and trace it all.  Since Sept 2020 I have solely had to take on all repayments for this mortgage.  Since July 2020 I have also solely taken on all payments for the original mortgage. I have also paid the vast majority of household bills. I also will continue to solely pay for all mortgages until the house is sold. As my husband used his equity to fund his failed business and I have paying paying all mortgages 100% for a while now, can this be defined somehow? What I am concerned about is when we sell it will be assumed a 50/50 spilt and my equity that I believe is mine based on the above will be used to settle charging orders. Can somebody give me some advice as I can't seem to get a solid answer. Thanks.

2 Answers

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