Remortgage riddle
Question
I split up with my ex-wife a while ago and when we divorced she went bankrupt. Because of this there's a charge registered against the house. She's since been discharged from the bankruptcy and doesn't want anything to do with the house.
The problem is, the charge remains so I can't remortgage and put the house in my name. How do I get the charge removed? I've been getting really confusing information about it all so I was hoping you'd be able to help.
Answer
It sounds like you've been having a really difficult time trying to resolve your housing and debt issues. Unfortunately, relationship breakdown and debt are two very complex legal topics and, as you've discovered, it's difficult to get clear advice on them.
Because of the complexity of your situation you will need legal advice to resolve many of the issues. Accurate advice will depend on the adviser asking you more detailed questions about your situation. With this in mind, you may want to phone the Community Legal Service (CLS) helpline on 0845 345 4 345. They can advise you on finding an appropriately specialised solicitor in your area. They can also give legal advice themselves if you are entitled to Legal Aid. If you are not entitled to Legal Aid they can still give you some initial advice for free.
Whether or not there is a way to remove the charge against the house will depend on whether the charge is an interim charging order or a final charging order. If it is an interim order, then when it goes to court the court may be willing to discharge it. But if it is a final charging order then it's almost impossible to get it changed; in this case payment of the debt or negotiation with the lender would be your only options.
It might be worth trying to negotiate with the organisation that has got the charge placed. A debt advice agency such as Citizens Advice Bureau (CAB), National Debtline or CLS may be able to help you with this type of negotiation. You can also read the Land Registry factsheets about matrimonial rights and bankruptcy to see if they clarify the situation for you.
Updated: 29/09/2008
Question answered by Shelter
