Charging Orders and named owners of property
Discussion
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...
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.
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