Charging Order

Magicman71

I have recently transfered all of our property in my sole name, it's all gone though and reflected on the title and the morgge is in my name only.

apparently the Land regestry has send a letter saying there's a charging order that was requested for my wife, she was on the property previously and her name on the title deeds but no longer the case

can rthey still put a carging order on My property even though it's no longer in her name on the tilte or on the morgage.

I should nt be responsible for someones eleses debt, esspecially when they are not longer on any titile deed or morgage, surley the order would now be null and void

advise would be helpful 

Emmia

Magicman71 said:

I have recently transfered all of our property in my sole name, it's all gone though and reflected on the title and the morgge is in my name only.

apparently the Land regestry has send a letter saying there's a charging order that was requested for my wife, she was on the property previously and her name on the title deeds but no longer the case

can rthey still put a carging order on My property even though it's no longer in her name on the tilte or on the morgage.

I should nt be responsible for someones eleses debt, esspecially when they are not longer on any titile deed or morgage, surley the order would now be null and void

advise would be helpful 

Was the charging order made whilst she was a co owner? Is this transfer as a result of divorce?

sheramber

Or was the name change to avoid the debt? 

cr1mson

It would be up to the courts to decide the Land Registry would do as directed. AFAIK courts would take into account timing but also whether she still retains a beneficial interest so yes entirely possible!

RHemmings

I was looking into charging orders for another reason, and a well-known AI gave me an answer containing the following. 

Note 1: We don't know that the OP transferred the ownership of the property in anticipation of a charging order.
Note 2: AI is not always accurate. 

So, remembering those caveats:

2. 🏠 Fraudulent Conveyance or Asset Transfers

Transferring house ownership or giving it away shortly after—or in anticipation of—a charging order qualifies as a fraudulent conveyance under the Insolvency Act 1986 (s 423). Courts can reverse these transactions and restore the charge gov.uken.wikipedia.org+1en.wikipedia.org+1.

• Example: A debtor gifted the house to a relative claiming financial hardship but did so after the creditor initiated a charging order. The transaction was reversed, and the property remained subject to the original debt.