Section 34 and section 74 illegal property transfer

Urn

Registered User
Messages
24
Looking for some guidance please. My ex husband sold a property awarded to him at divorce leaving the residual debt of €50k in my name as it was mortgaged by me before i met him and so I am being chased by the Building Society for the debt.

I have been looking online online and while i don't fully understand the legal talk the below paragraph may be relevant. I would be the creditor in this case whereby ex sold the apartment to avoid his legal obligations, in particular to avoid the court order to maintain the apartment and all costs relating to it and subsequently citing his €430 monthly payments on the debt(even though not paying them) as a reason to reduce maintenance payments. It says the court can make the deal void ( I think). Also Section 37 of the matrimony act also deals with the same issues relating to property transfers, disposition of assets to avoid legal obligations.

"Of particular relevance to the fraudulent transfer of property in order to avoid a legal obligation, is s. 74(3). It provides that any conveyance of property that has been made with the intention of defrauding a creditor will be voidable. It follows that if it can be shown that property was transferred for a fraudulent purpose, such transaction can be set aside at the discretion of the court. The 2009 Act at s.3 defines a conveyance as including “an appointment, assent, assignment, charge, disclaimer, lease, mortgage, release, surrender, transfer, vesting certificate, vesting declaration, vesting order and every other assurance by way of instrument except a will”. This broad definition allows a number of transactions to be challenged under s. 74(3) of the Act."

Any help or guidance very much appreciated.
 
You need to consult a solicitor.

You say that the property was awarded to him, but the debt was left to you. If this is the case, why should he pay the debt?
 
Who did the conveyancing?

If the mortgage was a charge on the property how was it sold without the mortgage being redeemed?
 
Thanks for replies, mortgage remained in my name but i was indemnified by him from it and I waived all financial and beneficial interest in it. So apartment and all financial and administrative responsibility of it was his.

His solicitor dealt with the whole thing
 
Back
Top