• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Charging Order question

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Charging Order question

    Hi.

    I have a debt of £10000. I am married and live with my spouse who has the mortgage solely in their name. Could I get a charging order put on the property? The mortgage and land registry are in my spouse’s name only, not mine.

    I hope someone can advise?

    Thanks

    Dave
    Tags: None

  • #2
    Do you mean to offer a charge to secure payment?
    She would need independent advice, and be advised against it.

    Comment


    • #3
      Sorry. I mean i have unsecured debt of £10k, we are happily married. I'm just wondering whether this unsecured loan could be subject to a charging order because I can no longer afford the payments. I am communicating with my lender, but am looking at a worst case scenario. To be clear, it's my own debt, but my spouse has the mortgage in their name only.

      Thanks

      Dave

      Comment


      • #4
        clear this up:- you are a joint owner of the property? or they only on the deeds?

        Comment


        • #5
          A charging order cannot be obtained over property of person A to secure a judgement debt owed by person B, even if A is B's spouse or civil partner.
          Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by MIKE770 View Post
            clear this up:- you are a joint owner of the property? or they only on the deeds?
            No. I’m not a joint owner. They have the mortgage in their sole name. Hope this helps

            Comment


            • #7
              Originally posted by Dave Smith View Post

              No. I’m not a joint owner. They have the mortgage in their sole name. Hope this helps
              I’m not on deeds or mortgage.

              Comment


              • #8
                5 relevant seems you ok

                Comment


                • #9
                  If as you say the debt is yours alone, the debt is yours alone, the debt can not be assigned to a third party, and so your partner is not responsible for your debt.

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                  Working...
                  X