Charging Order

[rocky18]

Hello everyone,

 

I need urgent help!!!

 

i got a cost order from the court last week towards legal fees on family proceedings regarding child maintennce for £11,000. i am trying to enforce this order by putting a charging order on my ex husband's property but before i could do that his brother put his own charging order on the property to dipose all the equity on it, so that i wont be able toput a charge against his property. This is my only option of getting the money because he is self-employed and has purposely hidden all his money and assets so that i can not get my money.

 

1. What chances do i have because i will be the third person on the charging order.

 

2. is there any way to find out what the brother's charging order is as the equity is around £50,000 and the mortgage is around £60,000?

 

3. if there was a court hearing for the charge on his property will i be able to show tht he is hidden of all of his assets, equity and money into his family's name to avoid paying me?

 

i would be grateful for any advice at all.

thank you everyone.

[PGH7447]

bump

[maroondevo52]

Thread moved to Legal Issues.

[diddydicky]

i think the first thing you need to look at is the "convenience" of his brothers sudden charge on the property

 

if you challenge it as an avoidance a paper trail of any monies would have to be produced

[42man]

If you went to make him bankrupt then the equity disposal action would be investigated by the official receiver....

[palomino]

There is no reason why you also cannot apply for a charging order. In any case if the property is ever sold or otherwise disposed of then the value might have increased.

 

It might be worth investigating the circumstances of the brother's charging order but for this you will need a good solicitor - it's a very niche area and I doubt there is any appropriate expertise here.

 

But you can (and in my view, should) apply for your own charging order. Keeps everyone honest.