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Category: UK Law
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my ex has a charge on property can he refuse to sign deed of

Resolved Question:

my ex has a charge on property can he refuse to sign deed of postponement?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

Can you explain your situation a little more please
Kind regards
Tom
Customer: replied 3 years ago.
i want to remortgage as special offer up and borrow an extra 10k
i live in the house with my 2 children he gets 50% of equity less the mortgage when he left 3.5 yrs ago when my son is 18 - 11 yrs time
he is demanding to see my mortgage offer -conveyancing solicitor says it is none of his buisness but i have agreed as i have nothing to hide
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your question. The other expert that you asked this of is perfectly correct .

 

You need to look at the Charging Order made when you dealt with this through the Court with your Ex. The Order may say that you are entitled to postpone the charge in favour of a remortgage. If it does you can remortgage, if it doesn't then you cannot remortgage and would have to revisit the matter in Court with your partner. The rationale is that the equity due to him would be materially reduced by the remortgage unless you agreed that the amount you are remortgaging should come out of your share (this could be an option for you)

 

If you instructed a solicitor in proceedings which precipitated the Order (ie. Divorce) then you should go back to them for confirmation of the terms of the Order.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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