Effects of removal of a charging order on family home

[DuffNCustard]

We bought the house on a mortgage as Joint Tennants.

 

 

My husband received a CCJ that was secured by a charge on his share of the property,

which I understand changed the ownership to Tennants in Common.

 

 

The CCJ was paid in full and the charge has been removed from the property, we have all the documents confirming this.

 

Will ownership now have reverted back to Joint tennants or is there something we need to do to make it so.

 

Grateful for any advice and guidance on this one.

[Cadbury1879]

We bought the house on a mortgage as Joint Tennants.

 

 

My husband received a CCJ that was secured by a charge on his share of the property,

which I understand changed the ownership to Tennants in Common.

 

 

The CCJ was paid in full and the charge has been removed from the property, we have all the documents confirming this.

 

Will ownership now have reverted back to Joint tennants or is there something we need to do to make it so.

 

Grateful for any advice and guidance on this one.

 

As far as I'm aware the charge makes no difference to

The allocation of shares of the property and it will remain as per original registration with the land registry

Cad

[steampowered]

This is a very good question. You are correct that the charging order would have severed the joint tenancy interest into a tenancy in common.

 

I'm not 100% sure, but I don't see why removal of the charge would automatically convert this back to a joint tenancy. It seems logical to me that you would still be tenants in common.

 

You may need to have a look at https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants. Is there a Form A restriction (No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court) registered against the property at all?

[DuffNCustard]

Many thanks for your replies.

 

Is there a form A restriction? No , in fact the only thing registered against the property is the mortgage.

[steampowered]

Well if there is no Form A restriction on the register, then it would appear to anyone looking at the register that this is a joint tenancy.