Charging order on jointly owned property

[urgenthelp]

Hi,
I do have another thread running, however whilst I wait for a couple of wonderful people who have been giving me advice to get back to me I have a question.

I have a very large debt (just under £30,000) which is solely in my name. It was actually from my mother's nursing home fees and I didn't realise I had signed a form as guarantor when I signed her contract - beyond stupid I know, but that's past.

Our house is mortgaged in joint names with my husband who has no part of the debt and refuses to sell. There is some equity. We have no savings or other investments.

Can the judge order my husband to agree to sell when the debt isn't his? Can they force a possession order when he has no part of this and this is the family home where our two children also live (18 and 20)?

Thank you

[urgenthelp]

Re: Charging order on jointly owned property

Does anyone know anything about this at all, please?

[Kati]

Re: Charging order on jointly owned property

[MENTION=48934]Debt Camel[/MENTION] might be able to advise xx

[nemesis45]

Re: Charging order on jointly owned property

Hi,
I do have another thread running, however whilst I wait for a couple of wonderful people who have been giving me advice to get back to me I have a question.

I have a very large debt (just under £30,000) which is solely in my name. It was actually from my mother's nursing home fees and I didn't realise I had signed a form as guarantor when I signed her contract - beyond stupid I know, but that's past.

Our house is mortgaged in joint names with my husband who has no part of the debt and refuses to sell. There is some equity. We have no savings or other investments.

Can the judge order my husband to agree to sell when the debt isn't his? Can they force a possession order when he has no part of this and this is the family home where our two children also live (18 and 20)?

Thank you

Good afternoon,

Can you tell me how the debt came about please.
Did a local authority have responsibility for paying
the fees or were the fees paid by yourself?

Has any legal action been started and if so who by.

nem

[urgenthelp]

Re: Charging order on jointly owned property

The debt was from a privately funded nursing home which I hadn't realised that signing my mum in for meant I was guaranteeing the debt. Stupid, but ... well stupid. She ran out of money, I thought the home was organising funding etc etc. They have a CCJ which I only realised today. There is an interim charging order and early Jan a hearing to apply full CO.

My real question is if the judge can force sale of the family home when my husband is joint owner and no part of the debt - nor did he benefit in any way from the 'proceeds' of the debt as it was my mother's care.

[CYNthesys]

Re: Charging order on jointly owned property

Did you say/imply in your other post that your mum had been in hospital and the hospital pressurised you into having her transferred into a nursing home?
Did your mum have a social worker/and/or were social services involved

[Debt Camel]

Re: Charging order on jointly owned property

I have replied on your previous thread: http://www.legalbeagles.info/forums/...ht=#post600640

[Hiny]

Re: Charging order on jointly owned property

Is it true charging order on joint property cannot be charging order but restriction.so on sale you notify them only dont need to pay off charge immediately .the sale proceeds go to the vendors?
Because i have a charging order on the joint home for my debt which us way over the house value?
Pls advise thanku kindly

[wales01man]

Re: Charging order on jointly owned property

I may be wrong but the Solicitor should pay from the sale proceeds before the vendor gets what if any is left after paying off first mortgage if there is one

[Hiny]

Re: Charging order on jointly owned property

But i read the solicitor pays vendor and not the charging order beneficiary
My equity wd be around £100k and the charging order is £1.8million!!!!!!
Hmmmmm i read somewhere here there can be no charging order on a joint property it can only be restriction in ehich case they just need notice house being sold but dnt need to be paid???

[Amethyst]

Re: Charging order on jointly owned property

Is it true charging order on joint property cannot be charging order but restriction.so on sale you notify them only dont need to pay off charge immediately .the sale proceeds go to the vendors?
Because i have a charging order on the joint home for my debt which us way over the house value?
Pls advise thanku kindly

It should be a restriction - if the debt is not a joint debt - you should check with the land registry https://eservices.landregistry.gov.u...5SW5pdC5kbw!!/

How long has it been on the property ? And is there charges over other assets as well or just this one property with only £100k equity ? Is the rest of the house value on a mortgage ?

[Hiny]

Re: Charging order on jointly owned property

The final charging order hearing is 6april
Mge is 140k
The house value 365k
Ex has debts 15k
The charging order is for 1.8million
For a partnership i joined 2013 only for 2mths foolishly but my partners frauded money and as
My name on registration docs only i am done too hv judgmnt against me

Was looking into bankruptcy but wd lose the house totally and cant work

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Have no other assets

- - - Updated - - -

Cant see them not chasing money even if house sold
And new buyer will be still stuck with restriction on deeds?

[Openlaw15]

Re: Charging order on jointly owned property

But i read the solicitor pays vendor and not the charging order beneficiary
My equity wd be around £100k and the charging order is £1.8million!!!!!!
Hmmmmm i read somewhere here there can be no charging order on a joint property it can only be restriction in ehich case they just need notice house being sold but dnt need to be paid???

Hello Hinney

A charging order on a joint property means a certain type of restriction (uses terms 'trust corporation') is registered on the property's land register under the owners' name, ie 'title absolute', which then creates a tenancy in common, meaning the property on either person's death to pass to the other requires a Will. A restriction, a different type to the above, is also another way to protect the creditor from the owner selling the property. A restriction is less expensive apparently but considered not as secure as a charging order. To answer your question a charge can be put on a joint tenancy, but for a sale it requires a court order which are very, very unlikely.

[Hiny]

Re: Charging order on jointly owned property

I see .so once charge/restriction on then if house gets sold they will have to be paid after mortgage is paid?
I read that solicitor pays proceeds after mortgage paid to vendor and the chargee doesnt get the money?
Im sure they will still chase for the funds but whats the best way to deal wirh this pls

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I sincerely appreciate the replies received thank you
However im none the wiser😢

[Openlaw15]

Re: Charging order on jointly owned property

The debt was from a privately funded nursing home which I hadn't realised that signing my mum in for meant I was guaranteeing the debt. Stupid, but ... well stupid. She ran out of money, I thought the home was organising funding etc etc. They have a CCJ which I only realised today. There is an interim charging order and early Jan a hearing to apply full CO.

My real question is if the judge can force sale of the family home when my husband is joint owner and no part of the debt - nor did he benefit in any way from the 'proceeds' of the debt as it was my mother's care.

Only a mortgage type loan such as by a bank, who has automatic security against the property when the mortgage was taken out, can force a sale by getting a possession order. The care home would require an Order for Sale under the law and they are very, very unlikely. The idea is the charge is security enough so they do not have the same priority as a bank's mortgage. Your home is very likely safe from a sale order no matter if the care home threaten you with one. It's unlikely you will defeat a charge even with a joint tenancy even though the debt is in your name alone, but you could still try. I studied property law and was under the impression that a joint tenancy was strong enough to, but for debts they're of little to no effect whatsoever. What it means for you if you or your husband want to pass the property to each other, it requires a Will. Normally, a joint tenancy means the property passes on either's death.