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Charging order question

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Charging order question

Postby Cloudbase » Sun Jan 21, 2018 7:24 am

I have been sued by a creditor for 15K and currently have a CCJ against me.
They have said they are going to get a charging order against me, my partner currently owns the house and the house is in my partners sole name
I have read the practice directions on the land registry website about charging orders *on a beneficial interest under a trust of land* - .gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders

Now there is nothing on title deeds which indicate that i own any beneficial interest in the property.

I dont believe the creditor would be able to get a charging order in such circumstances as they have no proof that i have paid anything in the property transaction.

What sort of proof would a creditor require to convince a court?, am i right in thinking this is extremely unusual if not impossible.? There is no constructed trust in place regarding the property and i don't believe the creditor would have any case as they have no proof that any financial contribution was msde by the non owing partner.
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Re: Charging order question

Postby dls » Sun Jan 21, 2018 9:15 pm

if you do not have an interest, it cannot be charged.

If things are exactly (and only) as described, the threat would appear to be empty.
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Re: Charging order question

Postby atticus » Mon Jan 22, 2018 10:52 am

Picking up on the statement that your partner "currently" owns the house, may I ask if the property has always been in his or her sole name?
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Re: Charging order question

Postby Cloudbase » Thu Jan 25, 2018 7:43 pm

Always in their sole name
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