Charging Order

spacecowboy07

Hi can someone help I have a charge on my property from a debt incurred in 2008 It is in my name and my fathers. I have very little equity in my property but my dad and mum own their property (both names are on the deeds) he is now in a nursing home and suffers from dementia can they sell my mum & dads home to reclaim the debt?

nyermen

 Just to ensure I've understood?

1) Your property - in your name and your fathers, with a charging order against the property
2) Parents property - in your parents name (not yours), with no charging order
If that's the case, I don't believe so.  (And is it actually a charging order or a different restriction, I thought charging orders weren't possible against one party of a property with multiple names?)

Is the debt itself against you or against you and your father?  If just you, then they can't chase him regardless.  If both of you owe the debt, then there's more complexity, can you confirm?

spacecowboy07

Hi Peter
1) My property is just in my name with a charging order against my property
2) Parents property is in their names (not mine) with no charging order
3) Debt is against me & my father.
Was under the impression they cant go after parents home as its in joint names

fatbelly

Your last point is probably why they have chosen to put the charge against your property rather than your parents'

You are asking: can they sell my mum & dads home to reclaim the debt?

No, the charge is not against their property - it is against yours. You live there so even if they tried for an order for sale (against your property) it is unlikely to succeed.

The charge will just sit there until you move out