Charging orders and beneficial interest - is my home at risk?

[Alwaysworrying]

Good evening all,

I have been googling all evening and I'm spiralling into a large panic! I need some direction please.

My parter has extensive debt and is currently being chased by 1 of 2 creditors with a court claim.

He lives in my house with our 2 children. He is not on the mortgage but for the last 10 months has paid all outgoings/running costs including the mortgage since I left work to look after our children.

My concern is...can any of the creditors look to secure the debt against a beneficial interest he has acquired in the home? Is this possible?

And I'd in the scenario of him filing for bankruptcy would that again put the house at risk?

I'm very concerned and do not want to enter mortgage amounts on the admissions form for fear of the creditor sniffing around my home.

He contributed no deposit or any amount to the capital improvements we have made since buying 1 year ago.

Many thanks in advance

[Amethyst]

Re: Charging orders and beneficial interest - is my home at risk?

If he is not on the mortgage and has no registered interest in the property then you are safe. He currently has no ownership of the house and I'd suggest keeping it that way for a while yet.

Hang fire on that admission form though - what is the debt ? How old is it ? How much? and who is the claimant ?

[Alwaysworrying]

Re: Charging orders and beneficial interest - is my home at risk?

Thanks for quick response. So the matter of him paying the mortgage doesn't automatically create a beneficial interest?

I'm currently in the process of sending a cca request and cpr 31.14 off but haven't gone online and submitted that we're defending as to be quite honest i have no idea what I'm doing and what constitutes a defence! I'm worried if we have no defence it will then burn bridges for a debt solution.

Are there any risks to sharing the details of the claim on here publicly? Given the other information I've mentioned also.

[Diana M]

Re: Charging orders and beneficial interest - is my home at risk?

So the matter of him paying the mortgage doesn't automatically create a beneficial interest?.

It may do.

Di

[Amethyst]

Re: Charging orders and beneficial interest - is my home at risk?

Thanks for quick response. So the matter of him paying the mortgage doesn't automatically create a beneficial interest?

I'm currently in the process of sending a cca request and cpr 31.14 off but haven't gone online and submitted that we're defending as to be quite honest i have no idea what I'm doing and what constitutes a defence! I'm worried if we have no defence it will then burn bridges for a debt solution.

Are there any risks to sharing the details of the claim on here publicly? Given the other information I've mentioned also.

You could put the court claim stuff on a separate thread but if you keep numbers and dates approximate and redact any documents it should be fine. Good to hear you are looking into it and not just going straight to admission. You should go and do the acknowledgement of service asap though you can say you intend to defend in full so you have the full 28 days from service - it doesn't bind you to defending so you can change to admission later if you choose to.

[Diana M]

Re: Charging orders and beneficial interest - is my home at risk?

I'm currently in the process of sending a cca request and cpr 31.14 off but haven't gone online and submitted that we're defending as to be quite honest i have no idea what I'm doing and what constitutes a defence! I'm worried if we have no defence it will then burn bridges for a debt solution.

From what you say this is not your claim it's your partner's claim so they (your partner) needs to tell you (so you can tell the forum) the story behind these legal proceedings so accurate and helpful advice can be given (albeit 'second hand').

That way nothing will get lost in translation

It's also important to redact any documents you post on this forum which might put your partner's identity at risk.

Di