charging order on home

POLLY23_3

In the next two weeks i have to go to court to protect my home from the csa they want to put a interim charging order on. the amount is over 37,000 pounds which is owed by my husband the house has a statement of ownership on it ie he owns 20% and i own 80% it was taken out two years when i brought the property with my money being the deposite I do have prove of this. Iwas advised to this .Im am concened the judge will allow this even though there is no equity in the property and its an interest only morgage but I have been lead to believe if the csa get the judgement they will false me to sell even though it will make my son and I homeless and will cost me money to do so. please Im losing sleep and sick with worry can anybody help.

oesd31

If there is a mortgage on the property then the mortgage company would have a first charge on the property. If the property was to be sold then the mortgage would get repaid first then any money left would be for the csa if they get the interim charging order. Therefore if there is no equity in the property then it would not be in the csa's best interest to force a sale. I may be wrong but I don't think they can force a sale with an interim charging order as this is only if the property is sold. As the property is in joint names but split equity then they could only put a charging order on your husbands 20% share. In order for them to force a sale they would have to repay the mortgage themselves thus have a first charge on the property. I'm sure a solicitor could advise you more, many of them do give the first 1/2 or hour free. Hope this makes sense.
The deeds of the property should show the joint ownership split

Sunsh1ne

oesd31 is correct to say that the CSA would not seek to force the sale of a propery if it has no equity, so be reassured on that point.

The CSA will continue with the charging order now because the property may go up in value (after the recession), and then there could be equity and a reason to reconsider forced sale.

Two things are required before an order for sale application is possible:
One; a final charging order must be granted and registered with land registry, and two; there should be evidence to show that the non resident parents share of the property has equity.

Having a property in joint names is not a barrier to the CSA taking order for sale action, although a joint owners views would normally be considered by the count when reaching its decision.

The only other thing to keep in mind is that you are likely to have trouble switching mortgage providers once the CSA get a charge. This does matter to those on standard or very long term deals rate but for people on special one or two year deals it can make a big difference to ongoing repayments once their offers end.

The likely course of action in your husbands case would be for the CSA to get their charging order and then look at taking another action like an application for his committal or disqualification from driving.

POLLY23_3

I understand what you have said but he only owns 20% of the equity if there was any, which there is not. I have the deed to prove, it also there is a small charge on his bit already for about £3000.
Im having to go to court on my own because I can't find him so the last two taking his driving licence and putting him away seems unlikely too. The only people who will get hurt is my son and I. They have had sixteen years to sort this out

SuziQ

I went to court on a charging order lodged against my house (my husbands debt) 3 weeks ago and am in the same situation with you re equity except my husband signed away all rights to equity when we married0he has put nothing into the property but there is about £100,000 equity as I've had it for 21 years.
I gave my argument to the judge and the charging order was denied.

I don't know if it will be different as this is a CSA debt but if you DO end up having to go to court then I would say don't think the judge will automatically issue the order. You will certainly NOT be ordered to sell,as it serves no purposr with no equity. I know it's very worrying-and I was furious my ex had put me in that position and still am!-but just hope my experience will reassure you if only a tiny bit.

marksoton

POLLY23 wrote: »

They have had sixteen years to sort this out

Assuming he does owe the money it is him that has had 16 years to get it sorted !

Sunsh1ne

You may indeed be able to argue against the order on the grounds of welfare of your child but your success will depend upon the courts view and success is by no means assured. The fact that a charge of £3k already exists counts against you here I'm afraid. Another possibility which might work would be to question if due process has been followed by the court and the CSA.

You state that you cannot find your husband. I take it from this that he no longer uses your address to recieve any official mail and that this has been true throughout these charging order proceedings? Has the CSA and the court served your husbands summons to your address, or did you become aware of these proceedings because the court wrote to you directly as a interested party?

If the NRPs court summons was sent to your address then you should argue that he has not be properly served. A court order should not proceed if the service of the defendant is in doubt. You can try to prove this by producing utility bills in your sole name and by making sure any trace of your husband at the address is corrected. i.e remove him, from the electoral role and write to anyone else who still thinks he is living with you and tell them he does not.

If this approach is successful the CSA will be required to trace the NRPs current address before attempting a new charging order application. This would (at the very least) buy you some time and you could use this to seek further legal advise about getting him removed from the property's deeds altogether. It is sometimes possible to get a joint owner removed if the court are convinced that the interest is unjust. For example if it can be shown that the person does not, and has not been paying the mortgage and did not provide any part of the deposit at the point of purchase.

Please understand this is a far from simple process but it would be a way of keeping the CSA away from your home and prevent any future consideration of an order for sale application.

jacklink

so there is an interim charging order of over 37,000 and 80% of that is yours, is that right?

kelloggs36

POLLY23 wrote: »

I understand what you have said but he only owns 20% of the equity if there was any, which there is not. I have the deed to prove, it also there is a small charge on his bit already for about £3000.
Im having to go to court on my own because I can't find him so the last two taking his driving licence and putting him away seems unlikely too. The only people who will get hurt is my son and I. They have had sixteen years to sort this out

Does your husband owe the money though? You say the CSA have had 16 years to sort it out, but turn it around and it means your husband has had 16 years where he has failed to pay!! What about the child for whom maintenance is owed?

kelloggs36

80% of the equity is the OP's - without knowing how much equity is involved it isn't possible to say whether the debt will be paid if the house is sold.

POLLY23_3

marksoton wrote: »

Assuming he does owe the money it is him that has had 16 years to get it sorted !

Thanks a bunch your not telling me anything I don't know this is not helping me!