From Dr Peter F Smith, (email:[email protected]
As part of a 1983 divorce agreement in the UK, I have a 25% legal charge on my ex-wife’s UK house (arising from the fact that I agreed to contribute 25% of the value at that time, which would eventually be returned to me if my ex-wife died or remarried).
I was later advised that, since this legal charge belonged to me, I could, if I wished, sell it or transfer it to someone else, without my ex-wife needing to agree to this (since it does not belong to her)
I am now remarried (living partly in California and partly in the UK) and would like to have the legal charge converted to the joint names of my self and my present wife, or even transferred to her entirely. But someone with some legal knowledge has suggested to me that I would not be able to do this without the agreement of my ex-wife (which is unlikely to be possible, since I am not in amicable contact with her).
This surprised me, because my share of her property does not belong to her, so I should be able to do as I wish with my 25% share.
Could you please advise me about this – can I convert a legal charge on my ex-wife's house, currently in my name only, to my present wife’s name, or to our joint names, without needing the agreement of my ex-wife ? Thanks, XXXXX