Charging Orders and named owners of property

Charging Orders and named owners of property

Author
Discussion

Blown2CV

Original Poster:

28,780 posts

203 months

Tuesday 21st October 2014
quotequote all
i've raised a number of charging orders against a debtor's properties, but upon trying to register them with the land reg, they've knocked it back saying the properties are in joint names with him and his wife, whereas the debt is just with him. What can i do? Sorry if it's the wrong place...

Simpo Two

85,343 posts

265 months

Tuesday 21st October 2014
quotequote all
Have you tried the High Court for recovery of debt?

Blown2CV

Original Poster:

28,780 posts

203 months

Tuesday 21st October 2014
quotequote all
i've investigated it and it doesn't suit. The guy owes money out to a number of places but has 3 rental properties. He did have 4 and sold one, so i am inferring he will do the same with the others. I've paid for the charging orders and the way i see it is I can either amend the order somehow to include both names (they are married after all, not sure if that counts as a single legal entity) or apply a land registry restriction instead of a charge, which has less power but is the only way i am told to protect a 3rd party interest in a jointly-owned property.