Can a ex partners Charging Order be re-voked against my half of the equity on the house?

[Ray of Hope]

Hi Guys. I'd be grateful for some advise please.

I split with my ex partner and the house was sold. Prior to completion I was advised by my solicitor that there was a Charging Order on the house for my ex-partners HFC credit card bill for £1330, and that this money must be deducted from the equity. I didn'teven know that my 'x' had the credit card and suspect that it dates back prior to our relationship or almost definitely prior to us buying the house seven years ago. I also suspect that he never bothered even going to court to try and sort out the problem (whenever the court case was?) - and I certainly couldn't fight for my own rights as I didn't know anything at all about it.

 

Unfortunately, we still have some large outstanding utility bills on the house and now that the money for the charging order has been deducted, without my consent, involvement or even knowledge of the outstanding credit card bill, there will be insufficient funds to clear all of our debts.

 

My 'x' is knowingly playing a very selfish game as he is quite aware that the electricity bill is solely in my name.

 

Furthermore, I am at a greater loss as my 'x' is refusing to pay his half of the expenses that I incurred, which had previously been agreed, like Council Tax payments, plus decorating and doing up the house, which achieved a considerably higher selling price (which he has benefited from).

 

As if this isn't enough, in the early stages of our break up, he stole my dog, and has since said that the only way he will give the dog back is if I pay for 'everything'.

 

If I had the money - I would! - I love my dog and miss him so much that it has made me ill! - But, unfortunately, I haven't go the money and even if I did, he still wouldn't play straight.

 

Somehow now, I have got to find a way of paying for the utility bills, which due to his Charging Order for his credit card bill, we will not have sufficient funds to pay.

 

If he paid back to me half of the money taken for the Charging Order and also his half of the bills that I have paid out as mentioned above, it wouldn't be such a problem. But he is ignoring my solicitor letters and we are getting nowhere, and now the utility companies are chasing me.

 

Lets face it, he's had it easy. He's had his house done up and sold for him, had his credit card bill paid and also has my dog.

 

The legal system doesn't seem to have any substance for people who are just trying to do the right thing and it seems that people who don't care about others, the law, or anything for that matter seem to get away with it!

 

So, sorry to ramble on! I'm wondering now if any one knows if there is any way that I can get my half of the money back from 'his' Charging Order - as it wasn't my debt - and there are other bills (which are in my name) that still must be paid.

 

I will then be able to pay off the remaining bills. I know that he just wont bother, and I don't want them hanging over me for the rest of my life.

 

I'd also be grateful for any advice any one has about getting my dog back - Officially. ( I've had enough offers off friends to go and get him back for me - but I want to have him back officially).

 

Thank you to any one who takes the trouble to read this and has the knowledge and wisdom to offer me any advice.

It will be greatly appreciated.

Edited November 5, 2015 by honeybee13
Paras.

[Dookist]

Hi Guys. I'd be grateful for some advise please. I split with my ex partner and the house was sold. Prior to completion I was advised by my solicitor that there was a Charging Order on the house for my ex-partners HFC credit card bill for £1330, and that this money must be deducted from the equity. I didn'teven know that my 'x' had the credit card and suspect that it dates back prior to our relationship or almost definitely prior to us buying the house seven years ago. I also suspect that he never bothered even going to court to try and sort out the problem (whenever the court case was?) - and I certainly couldn't fight for my own rights as I didn't know anything at all about it.

Unfortunately, we still have some large outstanding utility bills on the house and now that the money for the charging order has been deducted, without my consent, involvement or even knowledge of the outstanding credit card bill, there will be insufficient funds to clear all of our debts.

My 'x' is knowingly playing a very selfish game as he is quite aware that the electricity bill is solely in my name.

Furthermore, I am at a greater loss as my 'x' is refusing to pay his half of the expenses that I incurred, which had previously been agreed, like Council Tax payments, plus decorating and doing up the house, which achieved a considerably higher selling price (which he has benefited from).

As if this isn't enough, in the early stages of our break up, he stole my dog, and has since said that the only way he will give the dog back is if I pay for 'everything'.

If I had the money - I would! - I love my dog and miss him so much that it has made me ill! - But, unfortunately, I haven't go the money and even if I did, he still wouldn't play straight.

Somehow now, I have got to find a way of paying for the utility bills, which due to his Charging Order for his credit card bill, we will not have sufficient funds to pay.

If he paid back to me half of the money taken for the Charging Order and also his half of the bills that I have paid out as mentioned above, it wouldn't be such a problem. But he is ignoring my solicitor letters and we are getting nowhere, and now the utility companies are chasing me.

Lets face it, he's had it easy. He's had his house done up and sold for him, had his credit card bill paid and also has my dog.

The legal system doesn't seem to have any substance for people who are just trying to do the right thing and it seems that people who don't care about others, the law, or anything for that matter seem to get away with it!

So, sorry to ramble on! I'm wondering now if any one knows if there is any way that I can get my half of the money back from 'his' Charging Order - as it wasn't my debt - and there are other bills (which are in my name) that still must be paid.

I will then be able to pay off the remaining bills. I know that he just wont bother, and I don't want them hanging over me for the rest of my life.

I'd also be grateful for any advice any one has about getting my dog back - Officially. ( I've had enough offers off friends to go and get him back for me - but I want to have him back officially).

Thank you to any one who takes the trouble to read this and has the knowledge and wisdom to offer me any advice.

It will be greatly appreciated.

 

If the debt is in your partner's name only and the house is jointly owned, the CO would be for a Restriction… Your solicitor did not have to pay the creditor, just inform them once the house is sold… the creditor must then chase your partner for the debt, (from his equity in the house). Many solicitors take the easy route and tell you that you must pay before the house can be sold, but this is not true.