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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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MY HUSBAND AND i seperated 18 months ago the property is in

Resolved Question:

MY HUSBAND AND i seperated 18 months ago the property is in both names and I have payed the mortgage and have never missed a payment. My husband had a bank loan and credit card not secured on the property but I have found out that he has not been paying them. Will i loose the house? The depts are not signed to the property and my name is XXXXX XXXXX these depts.
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Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.



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.


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Kind regards,



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