Enforcing a charge on a property

[Frimley111R]

Many years ago my ex and I split up and she had custody of my daughters. I lent her the money from our home at the time so essentially her new house was made up of each of our shares of the equity (50:50) and a small mortgage for her. It's now past the time that she has to pay me back my money. Do I write to her or do I need a solicitor to do this? Bear in mind it was originally agreed in court and months later she tried to rip me off for a few grand of it by misinterpreting the wording. We went back to Court where the Judge essentially told her not to take the piss.

As I am owed my share of the value of the property rather than just the original amount it will have to be valued too.

[zedx19]

As she's tried to rip you off previously, I think you're going to need a solicitor to handle it.

[TooMany2cvs]

Frimley111R said:

Many years ago my ex and I split up and she had custody of my daughters. I lent her the money from our home at the time so essentially her new house was made up of each of our shares of the equity (50:50) and a small mortgage for her. It's now past the time that she has to pay me back my money. Do I write to her or do I need a solicitor to do this? Bear in mind it was originally agreed in court and months later she tried to rip me off for a few grand of it by misinterpreting the wording. We went back to Court where the Judge essentially told her not to take the piss.

As I am owed my share of the value of the property rather than just the original amount it will have to be valued too.

You have a legal charge on the property, registered with the Land Registry?
Is it a second charge, behind the mortgage? Or a first charge, ahead of it?

[PurpleMoonlight]

Do you have a Mesher Order that has reached it's trigger point?

If so, and she refuses to pay you, you will have to haul her back to court to enforce it.

[Frimley111R]

Not sure exactly but I'll check. It's trigger point was Aug 16.