Restrictions ex wife and planning gain

[ohitsonlyme]

Re: Restrictions ex wife and planning gain

Thanks plan b

There are 2ccj my ex gained, with restrictions, in my ex name only

1a solicitors bill for £23,000 this is what she is threatening with.
2 hmrc£35000
There is approx £200k joint equity before planning gain and upto £1million post planning

The planning gain is still pie in the sky

But the planning agents I found are going to spend upto £100000 in their belief that it will be approved so they must have high confidence

my solicitors bill was £2,000,my hmrc bill is reducing monthly on an arrangement to pay

She is in a desperate place and I am pretty sure she will see sense at some point and I really do want to help her even if I have to apply to the courts (can I apply for her to sign the promotion agreement?)

If necessary I will make arrangements with her solicitors and her hmrc to hold onto the place,
The planning window is wide open now and will close for upto 10years in a few months time

Onlyme

[PlanB]

Re: Restrictions ex wife and planning gain

I am concerned that the restriction entered by her solicitor following gaining a ccj on ex for unpaid bill can be enforced by an order for sale

I think I may have misunderstood the position.

Are you saying the restriction on the jointly owned property was as a result of a creditor getting a CCJ against your ex-wife for a debt in her sole name? That would be a whole different kettle of fish.

I doubt the creditor could get an Order for Sale under those circumstances. How much is the debt?

[ohitsonlyme]

Re: Restrictions ex wife and planning gain

QUOTE (PlanB;457658] there a formal court order at the time of your Decree Absolute? If there was then it can be enforced and the court can order the sale of the property if the order said your wife was entitled to a share of it.

These things normally have a date stamp i.e. after kids have left home etc. But from what you say this particular property is nobody's 'home' it's a 'rental investment' in the eyes of the court and therefore an asset which can be disposed of without causing any disruption to children etc.

I assume there are children involved otherwise there would be no need for you to pay the mortgage on a six bedroom house.

If there was no court order then she has an uphill climb.[/QUOTE]

6 years ago At the time of the absolute we could not agree the ancillary relief

I have no children with her.

She moved out of the marital home with 5acres into a 6 bedroom property that we rented out
I stayed in the marital home and after a couple of years started a new relationship, my new partner, now wife didn't want to live there so I moved into her home and rented mine
Ex has never worked and I have always paid and still do pay the mortgage
The rent pays both mortgages I pay my CGT bill with the balance.

I am concerned that the restriction entered by her solicitor following gaining a ccj on ex for unpaid bill can be enforced by an order for sale

I also want to get the promotion agreement signed off say we can both to gain and start rebuilding my financial futures
The potential gain isn't a lottery win but we both can get a substantial sum that I have pulled back from nothing

[PlanB]

Re: Restrictions ex wife and planning gain

I rent the house out in order to pay the mortgage and the mortgage to the 6bedroom 3 bathroom house that ex has lived in since separation
We are divorced but ancillary relief was never settled due to complexity of property and property companies jointly owned.

. . . . She is now also telling me that her solicitor are applying for an order for sale. Can I stop this,?

Was there a formal court order at the time of your Decree Absolute? If there was then it can be enforced and the court can order the sale of the property if the order said your wife was entitled to a share of it.

These things normally have a date stamp i.e. after kids have left home etc. But from what you say this particular property is nobody's 'home' it's a 'rental investment' in the eyes of the court and therefore an asset which can be disposed of without causing any disruption to children etc.

I assume there are children involved otherwise there would be no need for you to pay the mortgage on a six bedroom house.

If there was no court order then she has an uphill climb.

[SA Gold]

Re: Restrictions ex wife and planning gain

evening ohitsonlyme,
sounds complicated mate - there seems to be a lot going on involving land and property. Is there children involved with the split? You say the ex has spent 20K on solicitors - what you have done? I assume they have been in contact with you.

[nanna58]

Re: Restrictions ex wife and planning gain

So sorry for you situation hang on someone will be along shortly.

[ohitsonlyme]

Just got the chance to getting back on my feetMy ex wife and i own a property with a 5 acre field, I have fought tooth and nail against all of my creditors for nearly 8 year to hold on to it in the hope to eventually gain planning permission
I have now got a very strong indication it will get approved for affordable housing and I've got a company to pay all fees involved for a fixed win fee(not the lottery win I wanted but never the less a substantial amount more than ex and I had before the collapse)


I rent the house out in order to pay the mortgage and the mortgage to the 6bedroom 3 bathroom house that ex has lived in since separation
We are divorced but ancillary relief was never settled due to complexity of property and property companies jointly owned.
Ex spent £20,000on solicitors and this is now entered as a restriction on the house and field as also a £30000 capital gains tax bill issued to ex by Hmrc
I have paid most of my tax liability and not got anyrest rictions on the property.
ex is refusing to sign up to a promotion agreement unless I give her 70%of the money due to come in
She has a misguided opi nion that I had lots of money before the recession kicked in and does not accept that the recession wasn't my fault
We lost 2 companies both with good equity to the banks and tax man, hence my fighting on here!
Ex will not sign and has an illness she says is killing her and using emotional blackmail to get her way I am not budging
She is now also telling me that her solicitor are applying for an order for sale
Can I stop this,?
The property is held as joint tenants
Onlyme again