A charge on a matrimonial home

[samrolfe]

Can someone tell me how I can place a charge on my ex wife's house (it was ours)? As I pay half the mortgage and she and I will soon have our decree absolute, I want to ensure my 33% of the house is secure.

Many thanks

[Postdog]

Is there something wrong with the maths here? 33%?

If you pay half the mortgage, surely you mean half the house. Others on here know better, but if it is in joint names, she cannot really sell it begind your back, and if it is not in joint names, then see a solicitor to determine what (if any) rights you have.

[CheekyChops]

You pay half the mortgage, you are entitled to your third of the house!!!

Seriously, you need to see a solicitor.

[Eve]

Depends on a lot more than mortgage contributions, who has put what money into the house save for mortgage contributions?

[Eve]

Another point, is the house in joint names? If so she cannot sell it without your consent.

If not, a charge can be registered.

This charge will continue unless discharged until decree absolute. However it is not effective against a bank or building society should they try to seek possession on the grounds that the mortgage is not being paid.

Form here...

http://www1.landregistry.gov.uk/assets/library /documents/hr1.pdf

Some more useful info here despite being aimed at women...

http://www.rightsofwomen.org.uk/pdfs/financial _arrangements_after_marriage_breakdown.pdf

[samrolfe]

Thank you for your input guys and as Jenna pointed out, there are more reasons than mere mortgage payments. We have two kids my salary is triple of the ex wife's. She could not afford to buy another property if I had insisted on half. Any suggestions on how I implement a legal agreement, that states that I will not seek my share until our youngest is turned 18 or I die before that?

[Eve]

Have a word with your solicitor handling your divorce as they should be putting all appropriate arrangement sin place with regard to property.