Charging Order? The myth

dawnyp64

Shazz5555...as you'l know,iv got all my advice from here that wasnt explained at all by my solicitor..but im sure youre gonna get all the advice you need too.
I was joint tenants with the ex,but was advised to apply for tenants in common (mainly so if anything happened to me..touch wood..my share wouldnt automatically go to the ex).This is easy to do.i just rang Land Registry and explained the situation to them,filled in the form they sent and it was changed over pretty quickly.
One thing...dont open any more of his letters as this could land you in trouble..i know with the situation as it is,you feel the need to know whats going on with his debts,but you dont want anymore hassles.
my ex' debt was also just under £14000,but that was HIS debt..not mine ( its just in his name)..so no one can touch your share,if thats the case with your partners debt.
Also,check to see if theyre INTERIM charging orders,which im sure they will be.If so,theyre at the initial stage.My partners debt was from 2007 and it never got to the final stage (maybe the others can fill you in more with this).Also,altough it says CHARGING ORDER it is ONLY a RESTRICTION,and as youve read on here,they dont hold much weight.
My own problem is lack of time(due to the sale of the house) and a rubbish conveyancer..you may be luckier than me in making sure you act now and look around for a GOOD solicitor,making sure they know the difference between CO's and restrictions!..cant stress it enough,Shazz..



However,were you notified at all re the CO's?they have to notify you,as you have an interest in the property...saying that,the CO's are made on your ex and not the property itself.

shazz5555

Hi Thanks for your reply. This all happened about 3 years ago. none of the creditors wrote to me personally, saying what their intentions were? I can't afford a solicitor.

Sparklyfairy

Shazz, you will have restrictions if your ex's debts are charged against your jointly owned home - as per the first few pages of this thread. I'm unsure what you mean by ancillary help - perhaps you could clarify?

What happened to you in court with MBNA (or most other creditors) is not rare - it's now the norm, in fact unfortunately.

I assume you do not have a good relationship with your ex, were you hoping to sell your home soon?

I personally think you need more experienced debt/legal advice here - I suggest contacting the National Debtline & run it through with them (or CCCS/Payplan or CAB). Your advice may vary depending on who you see (I had the absolute WORST advisor from the CAB) so it may take some time, but stick to it.

Make sure you have all the land registry charging order paperwork to hand & make sure what you have is a form k restriction (as per links in this thread). If you do in fact have a form k restriction, when it comes time for you to sell - all that is required is giving notice that you sold - not payment to lift the restriction.

Read & re-read this thread to understand this importance. However, again, I'm hesitant to advise on the legal side re your ex & his share & getting the house in your name... hth, SF

Sparklyfairy

Shazz - it's not up to the creditors to contact you. It's up to the Land Registry to do that & send copies of the charging order (restriction) paperwork to you. Give them a call & see if you actually do have the restrictions you think you have because if they have failed to supply you with ANY of the co paperwork (how many charging orders in total?) they may not have you as joint owner of your home..I'd call them straight away tbh..

eggbox

Shaz5555

Just so you are clear, any Charging Orders against your Husbands debts are against his share of any equity in the property ONLY. Charging Orders secure the debt for creditors and gives them priority over other creditors even in the event of bankruptcy.

As the house is in joint names, his creditors can only register the Charging Orders gained as a Restriction on the Land Registry that only enables them to be notified if your house is being sold (thereby, giving them an opportunity to pounce on any cash coming your Husbands way). It does not give the creditor any automatic right of payment, as a Charging Order would do if you both owed the debt, as it is not registered against the property as an "Equitable Charge".

If you want to sell the house to release you from the mortgage payments and, also, realise your equity on the property (but your Husband doesn't want to sell) you need to apply to the court for an Order for Sale. This would allow you to get legal permission to sell the house regardless of your husbands reluctance to do so (if that, indeed, is the case?)

Sparkly - Thanks we fly tonight and I'll do my best!!

shazz5555

Thanks. There are also other issues, what if the Building Society does not let me have a mortgage in my name? I can afford the payments but as I am on a DMP this means a poor credit history. Also my ex received over K50 in cash from an inheritance before we were divorced, he then went abroad and spent the lot in 2 years!! I have been told that he is back in the UK now, on the dole and in a bedsit. I could contact him to try and get hin to sign the house over to me. But........as he is out of work he will probably get legal aid and want some of the house/money?

dawnyp64

Shazza..maybe it would depend on the deposit you have towards a mortgage?..think it may be quite difficult to get a mortgage when on a DMP,but i dont know enough about it,sorry.
Could you raise enough to buy him out/sign the house over to you?..and maybe if hes down on his luck financially,he may take the best offer you have?
im sure youre allowed 1 hour free advice with a solicitor,who can point you in the right direction...

shazz5555

I have no money to buy him out, technically I should have half of the fifty grand he squandered away.

dawnyp64

I was thinking that!..so sorry..sounds like youve been thru the mill a bit..im sure you'l get good advice on here tho..so dont give up,ok!! x

shazz5555

Dont worry I am fine. Mortgage a bit cheaper than renting anyway. I just need to get my !!! into gear and go back to court asking for the house to be put in my name. Need to Pay £270. for application first though. x:)