Hi,

 

My friend is going through a divorce at the moment but has an issue with charges against the house. Her husband hasn't lived there for a few years and has not contributed in anyway to the mortgage/council tax/bills or their daughter. However he has been a naughty boy and has got himself into financial problems, has been to court and there is now at least 2 charges against the house but this has been since he's not lived there.

 

My question is when the house is sold, who is liable for the charges? Her solicitor (who sounds like a bit of a dick) firstly told her that when the house is sold, he would get next to nothing out of it but has now told her that she might have to pay the charges her husband has caused, which just doesn't sound right or fair.

 

Cheers for any advice,

 

Vijay

Get another Solicitor ASAP. Don't let him get away with it.

If the mortgage is in his name then he can technically do that

 

but

 

if its in both names then both parties must sign etc

 

and to put a charge or second mortgage on the house they must have done a survey on the house to get its value etc

 

or if he's done it in a dodgy way then she needs to seek legal advice :)

 

Mike

who owns the house? i.e whos names are on the deeds. if hes not on the deeds and has taken charges on it thats very naughty indeed!

 

if it is in his name however.......

Yes the mortgage is in both names.

 

Both names are on the deeds.

 

And to make it even worse, she's just found out there's another order on it's way to him fro £12.5k.

well unless the debt is in both names then he is not allowed to put a charge on the house!! unless when the loan etc was taken out it was secured on the house and she agreed to it at the time and he has not paid it, then they could!?

nope, she hasn't signed anything and she has never agreed for the house to be used as security.

nope, she hasn't signed anything and she has never agreed for the house to be used as security.

Then he must have forged her signature on the paperwork for the loan or whatever it was thats secured against the house as no company would lend against a house without signatures from all on the deeds for the property. As long as she can prove that then she is not liable for any of it and he is in trouble.

He has forged her signiture before so it's a possibility he's done it a few times :(

He has forged her signiture before so it's a possibility he's done it a few times :(

 

if the sigs have been forged then by law they finance company will have to withdraw their claim on the house and no doubt will persue legal action for fraud from the guy!!!

 

she NEEDS to see a solicitor or at least the CAB asap before she loses the house!!

 

Mike

thats fraud, needs a diff solicitor i think

she's got an appointment with another solicitor on Monday morning. How does someone prove a signiture is forged???????

 

Vijay

damn good question!

hand writing expert, imagine they will be expensive but prob worth while

Well she went to a solicitors who were recommeded by the law society. Turns out that the charges will be taken out of the profit when the house is sold, it doesn't matter that he ran up the the debt and they are allowed to use the house even though she hasn't signed anything. How can this happen? Poor girl has tried to do things right. She carried on the mortgage as a single Mum and has paid over 80k in the last 5/6 years and he can run up debts and not have to pay for them. The answer would have been to let the house get re-posessed, she would have had the 80k and he'd be in trouble.

 

It just doesn't seam fair :(