Placing A Charge On A Property.

[Berbatov61]

My ex wants to place a charge on my property.
She alleges I owe her £20k from a previous property we shared but I owned.
She paid for a new kitchen, boiler etc but lived rent/bill free for over 3 years and these works which she paid for out of an inheritance was supposed to compensate for this.
We split up each moving and now she wants the £20k.

There was no contract verbal or otherwise.

Now receiving threats if I don't pay.

Help!

[ummmm]

I believe she'd have to take you to court first.

[themas]

She has to issue a Court claim first. You defend it, ask for a hearing & the judge then decides whether you are liable. If you are, she can get her charging order.

[murraymints]

since you owned the property I would think you are placed very well

[ToraToraTora]

Just send her a bill for 3 years Burton and threaten a counter. As above a barnaby will have to decide if there is a debt before a charge can be added.

[Buenchico]

To get a charge placed on your property, your ex would have to:

1. Send you a formal, written demand, with a specified time limit for payment.
2. Wait until you'd not paid by the relevant date.
3. Commence court action against you.
4. Convince a County Court judge that you owe the money.

From what you've written, that seems to be very unlikely but, assuming that judgement was given against, you'd either be ordered to repay the money straight away or (possibly more likely) in affordable instalments. Your ex then couldn't proceed further unless you failed to make the repayments. Only then could she seek enforcement action (including getting a charge put on the property).

Simply tell her that you've no intention of paying and leave her to decide whether it's worth initiating court action (which she'd probably not win).

[murraymints]

there you go..listen to uncle Chris..he knows everything !

[atalanta]

It might make a difference if she was looking after children and couldn't go out to work during the time she was living in the house.

[Berbatov61]

Many thanks for all of your helpful comments!

They mean a lot as I'm effectively on my own now.

Fortunately no children are involved

[Berbatov61]

What I didn't mention was that the property we shared but I owned was in Scotland and I now live in England so surely if she was going to do anything she should have done it in Scotland where they have a different system. (No CCJ)

Not wait until I've moved to England, started a new life and then hit me with it!

[fiction-factory]

Were you married and was there a divorce settlement?

[themas]

If she does start Court action it will be worth your while to find out whether she can do so English Courts. You made need a solicitor to advise. If she can't you could get the case struck out & she would have to follow the Scottish system (whatever that is!)

I think Chris's advice about charging orders may be out of date. I recollect the rules were changed recently & it may be that the order can be put on even if the CCJ is being complied with.

[Berbatov61]

No we were never married nor was there any civil partnership no agreement etc