I am very worried please advise...thanks

[Worried-mom]

HI, to keep things short, basically I am now divorced and have a court order stating that my Ex gets 10k from the house sale, and I get the rest (but have to pay off the matrimonial debts fromt hat) and use the rest to re-house me and the 3 dependant kids, my ex has now filed a B136 application to register a restriction against the land! as I am aware that he got himself a CCJ (after the court order)does this mean that his debt will be paid from the house sale and he will STILL get his 10K, I am very worried as after all the debts he has left me with I am only left with 30K to rehouse us, and have a small baby so can't work at the moment, please advise...thanks

[Viki.W]

Hi Worried-Mom,

How awful for you. Just wanted to welcome you to the forum, I can't answer your question but hopefully someone else will be able to help you shortly, hang on in there.

Viki X

[chris.g]

Hiya and welocme.
Like Viki I can't answer your question but just wanted to say hello.
Can I ask if you are still having dealing with the divorce lawyer for anything to do with the divorce? If you are, you could ask them to clarify the situation,
Try not to worry too much,
xx

[ianmillington]

Hi

Is the property registered in your name only or jointly?

If jointly then the fact that he has now got a CCJ may be relevant as the creditor could go for a charging order against his interest in the house. On that basis it's feasible that the restriction (so long as it reflects that his interest in the property is restricted to £10k) might actually assist you as at least the extent to which his interest can be charged will immediately become clear.

Unless the debt subject to the CCJ is a joint one, you are not liable for it. Further, in the absence of a Charging Order, you shouldn't have to pay his share to the creditor. Clearly, it will all depend on the position at the time of sale as one cannot rule out the possibility of the creditor obtaining a charging order before the sale.

Finally, make sure you have lawyers acting for you, and listen to their advice.

Ian

[Worried-mom]

Hi, I have just spoken to the Land Registry and they say the amount is for £8600 and its from my ex solicitors to my ex, so it looks like they are after their legal fees from the divorce. Unfortunatly the court order does not restrict his amount to £10k, but does say thats all he will get from house sale. My only hope is that as it was his solicitors that were involved with drawing up the court order, then they will know that they need to get it from his 10k, and from my money.

Thank you all who have given me such a warm welcome.
This whole thing is a nightmare
PS, the ccj was brought about by my father so I know it wasn't him who applied for the B136

[debbiw]

Hi Worried mom, Welcome on board the forum, I just wanted to say that you will have loads of support here, so try not to worry.

[ianmillington]

I would speak to your solicitors about this as, whilst it may seem a reasonable assumption that they will wish to take their fees out of his £10k, I can't advise you to rely on an assumption, given what you have riding on this.

Wear a belt and braces on the issue and involve your solicitors.

Ian