Form CH1 and other forms to go with it for divorce

Hi, I am getting divorced and part of the agreement is that my ex will take on the mortgage and my name will be removed from it, but he will owe me a sum of money from the capital which I'll get when he sells the house in 3 years time. 

I have been advised that I will need to fill in Form CH1 to secure a charge against the house. I believe I will also need to fill in form AP1, is this correct? As I want my name to be removed from the mortgage will I also need to fill in form TR1 to transfer the ownership to him? 

Also, do I send these forms directly to the Land Registry or do they need to be sent to the divorce court first?

thanks in advance
Claire

Hi Claire - The form CH1 is to register a Charge against the property in order to secure the money owed to you.  This has to be accompanied by form AP1 which is an application form to change the register.

To remove your name from the title register, we require a transfer in form TR1.  This too has to be accompanied by the form AP1. 

If both, the form CH1 and the form TR1, are being submitted at the same time and by the same person / firm then a single form AP1 is sufficient. 

If any of the parties to the transaction are not legally represented then we will also require evidence of identity in form ID1 or form ID3.   You can find more information about identity verification in our Practice Guide 67

All these have to be accompanied by appropriate Land Registration fees 

The forms can be submitted to us directly unless one of the party is willing participant to the transaction, in which case it would have to be considered by the Courts first. 

I hope this helps. 

Thank you for your reply. 

We have signed form CH1 and our signatures were both witnessed by my mother, who was present when we signed and who does not live with me or benefit from the charge. Is this acceptable?

Claire - yes providing the required details have been included and are legible. See PG 8 section 2 for guidance

Hello, in relation to the above questions: we have now had our Financial Resolution Order signed by the court. My ex is going to get a solicitor to fill in form TR1, as the mortgage is being transferred into his name and the mortgage company insists on this.

I am going to submit form CH1 for the Legal Charge that I will hold against the property myself.  Do I need to wait until he / his solicitor have submitted form TR1 or can I do this whenever I like? 

Also, I am trying to fill in for AP1 and have a few questions about it please. I have read the guidance notes but because this form can be used for so many things the answer is not always obvious: 

Panel 4: The charge amount is £57,818 plus 4.5% simple interest for 3 years. Do I just write £57,818 in the 'Value' box? 
Panel 5: If the deeds are electronically registered, do I need to submit a copy? 
Panel 7: Is the reference just for my own benefit or is it something you need? 
Panel 8: Is this notification in addition to any communication with me as the applicant (I want to make sure I will still get notified)? 
Panel 9: The guidance notes refer to the Property Owners so am I right in thinking this applies to my ex and it should be his address? 
Panel 10: The guidance notes say "You will not need to fill out this panel unless you are registering a new mortgage." Does a charge count as a mortgage or can I leave this blank? 
Panel 14: Under "

"Name of transferor, landlord, transferee, tenant, borrower or lender

Do I just include my name, or should I also include my ex and / or his building society? 
 
thanks very much
Claire
 

Claire - yes re waiting until the application to register the transfer has been submitted
Panel 4 - Yes
Panel 5 - no as we hold the registered information 
Panel 7 - for your own benefit
Panel 8 - it is so leave it blank
Panel 9 - you'd leave that blank as you are not applying to change his address
Panel 10 - form CH1 counts as a 'mortgage' as it's a legal charge. As you are the lender/creditor/chargee you need to provide your contact address(es) here
Panel 14 - you are registering a form CH1 so you need to list him as borrower and you as lender
 

Thank you so much for such a quick and helpful response Adam.

Just to confirm re the timing - should I wait until the TR1 has been submitted or processed?

One more question please: As I am in rented property and expect to move within the year, will I need to inform you when that happens so that the deed can be updated?

Claire - submitted as priority is important here as your charge can't go on until he's the sole owner. So once you know that they have submitted their application you can submit yours
Yes re change of your contact address information - use form AP1 again but no fee and no panel 14

Ok, thank you.