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IF A PROPERTY IS REGISTERED IN JOINT NAMES AND ONE PARTNER

Resolved Question:

IF A PROPERTY IS REGISTERED IN JOINT NAMES AND ONE PARTNER HAS DEBTS, CAN A LEIN BE PLACED ON PROPERTY TO THE EXTENT OF MORE THAN THE 50%?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If the other (non-indebted) co-owner did not put their name to the loans or personally guarantee the loans then any application by the creditors to register a charge against the title to the property would only be against the indebted co-owner’s interest in the property.

This means that the interest of the non-indebted co owner could be protected and therefore would remain unaffected. In the event that an order for sale over the property was obtained then the non-indebted co-owner would receive the appropriate amount of the proceeds of sale according to their percentage interest in the property.

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Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6288
Experience: BA (Hons), PgDip, Practising Solicitor
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