Ask an UK Law Question, Get an Answer ASAP!
Thanks for your question.
If the debts are not linked to the property then in the event that your husband's creditors obtain judgement at Court on his default then they may seek to enforce the judgement by apply to Court for a charging order over your property which if registered as a final charging order (after first being registered as an interim charging order) would prevent the sale of the property without the debt to which the charging order relates being paid off.
This only relates to your husband's interest in the property, not yours - that is protected.
The creditor and beneficiary of the charging order could apply to the Court for an order for the sale of the property to recover his money. You would be informed of any such application and would obviously make representations as to why the order should not be made. These orders are considered only as a ultimate sanction by the Court and they have very wide discretion to to consider your welfare and housing requirements and those of your children (if any) and a number of factors are considered (size of debt, repayment suggestions, whether the debt will actually be repaid from the proceeds of sale, the fact that is his and your home)
An application/order to force the sale of the home from the date of the original charging order application would take a number of months in any event (if any such order were even granted) and they would certainly take into account your housing requirements (either to stay there or the time required to seek alternative accommodation).
Remember, your interest in the property (or any eventual proceeds of sale) are protected.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).