morning all - can creditor get charging order if mortgage is in husbands name only?

lilibet1

just wondering, another question...

I live with my husband, i moved in with him in 2002. The mortgage is in his name, and i have never been on the mortgage, so could a creditor put a charging order on his house because of my debt?

Thanks x

Sunnylooloo

Morning Lili

Hope you are ok today

Sorry I am really not sure, as it is in his name I would assume not, although I am not clear as you are married so in theory you do have some "claim" on the house - but someone with much much more knowledge than me should be able to clear this up for you

Take care
LL

lilibet1

Thanks, hopefully someone will be along soon to help me x

IF

I'm not sure of this liliet, if I was you ring national debtline and ask this question and post this question here as well

http://forums.moneysavingexpert.com/...html?t=1639589

Above thread asks a cccs advisor.

If...x

fermi

Hi. I've tweaked the thread title so it's more obvious to people scanning the forum what the thread is about. Hope you don't mind.

lilibet1

Thanks Fermi

More than happy for you to do that. I have spoken to the National Debtline and have been advised that, in theory yes a creditor can put a charging order on a property if you have a beneficial interest in it. That said, they have only known it having been done once in five years, also it takes quite a while to do if they went down that avenue so im not worried about it at the moment as if it looked like it was going to happen then i would have to try and save the money up for fees even quicker.

Right onwards and upwards...

I know its daft but i have been worrying about going into my local branch because i like my bank manager and i didnt want her to feel bad of me...stupid i know! Anyway i went to see her today and she was so lovely. I feel better after that! Im sure we both had tears in our eyes, as she knows me very well and she knows what i have been through with my son etc and understands what i was saying to her.

I feel better having done that, so off to collect some bits from town now.

x

lilibet1

Thanks if... too for pointing me in the right direction x x x x

immoral_angeluk

Are you on the title deeds/land registry?

lilibet1

No im not, i never have been and have never been on the mortgage either.

x

lilibet1

Anyone else have any thoughts on this one? would be very grateful x x x

terryw

Yes you definitely CAN obtain a charging order if the property is in both names and only one of them is the debtor. I am 100 per cent certain.

Remember though the charging order is only really effective when the property is actually disposed of. It would be very rare for a court to order a sale in these circumstances.

There is a thread in MSE where a guy gives LR evidence that even when the property is disposed of, there is a loophole which means the creditor might still not get paid. If I can find it, I will re-post.