Charge on property leading to forced sale?

[plimmy]

My question if anyone perhaps might know is.......

 

Can a charge on property be made, or even a CCJ be made if the defendant does not live in the u.k.?

 

Does it effect the situation if the defendant has joint property in the U.K.?

 

I know that when it comes to family law the defendant has to be personally served with papers, is it the same with litigation?

 

I have been told various answers resulting from yes to no to maybe.

 

I am very confused over this situation an any advice would help.

[BeauBrummie]

A charge on a property is a register of an interest in that asset, and is usually raised against the beneficiary of the interest, so in short if someone is going to aplply to a court to register that charge if you are the beneficiary then the charge will be registered against your name. It would not matter whether you are UK resident or not. The charge would only be executed on the sale of the asset and the proceeds less the charge amount would then be forwarded to you (very simplistic view).

 

BB

[plimmy]

A charge on a property is a register of an interest in that asset, and is usually raised against the beneficiary of the interest, so in short if someone is going to aplply to a court to register that charge if you are the beneficiary then the charge will be registered against your name. It would not matter whether you are UK resident or not. The charge would only be executed on the sale of the asset and the proceeds less the charge amount would then be forwarded to you (very simplistic view).

 

BB

 

 

Ok thanks......my real concern is whether a force of sale is likely to take place, as there are children living in the property and local schools etc...

[BeauBrummie]

It is not normal for a judge to grant a "forced Sale" the circumstances

would have to be extreme, you may wish to have a look at this site which could help.

 

Debt Factsheets - Charging orders in the county court

 

I am assuming that you have not had an order on the property as yet here, so why can you not fight the order in the first place.

 

BB

[plimmy]

It is not normal for a judge to grant a "forced Sale" the circumstances

would have to be extreme, you may wish to have a look at this site which could help.

 

Debt Factsheets - Charging orders in the county court

 

I am assuming that you have not had an order on the property as yet here, so why can you not fight the order in the first place.

 

BB

 

 

At the moment the credit company (Lowells) are only after the money from my ex. I have not been bought into the equation yet. But if they seek an order against the property then because my name is also on the deeds then I would have to appeal. It may not even go that far, but its just the waiting that is causing my mind to race.

[BeauBrummie]

Ok

If the debt is in your ex's sole name then you would not have to worry because the order would be made on the debtors sole interest in the property and your part of any profit as such would not be affected.

 

If on the other hand you were jointly responsible for the debt being chased then you will likewise be jointly responsible for the charging order that assumes that Lowells are cute involve both partners.

 

I have to say that you are a long way from all this yet, so stop your mind racing !!!!! you would get lots of help on here if "push came to shove"

 

BB

[plimmy]

Ok

If the debt is in your ex's sole name then you would not have to worry because the order would be made on the debtors sole interest in the property and your part of any profit as such would not be affected.

 

If on the other hand you were jointly responsible for the debt being chased then you will likewise be jointly responsible for the charging order that assumes that Lowells are cute involve both partners.

 

I have to say that you are a long way from all this yet, so stop your mind racing !!!!! you would get lots of help on here if "push came to shove"

 

BB

 

 

Thanks for your time to answer....that does make me feel a bit better. Its hard enough raising children on your own without all of this on top.

[markbingham12]

Can anyone help me on this. I had a business which due to banks withdrawing lending meant we went bust. The family home is in joint names but due to ll the stress over the past few years I tried to commit suicide then turned to the bottle and so my wife left me which she was right to do.

In the meantime a creditor but a charging order on the family home despite me not seeing any paperwork as I was abroad and still am. We only found out when my wife opened the summons letter. We tried to make instalment payments but the judge turned this down.

In the house now is my ex wife, our 2 children and my wife's 80 year old father who has been paying the mortgage. Is there anyway to save the home so the family are not left homeless and my father in law also homeless?

Does anyone know any companies that specialises in these type of cases?

My ex wife had absolutely no idea about the business and the running of it I am ashamed to say if she had none of this would have happened.