Charging Order question

[Dave Smith]

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

[dslippy]

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

[Dave Smith]

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

[MIKE770]

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

[atticus]

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.

[Dave Smith]

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

[Dave Smith]

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.

[MIKE770]

5 relevant seems you ok

[DE DOGS]

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.