How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

If I own a hold a property in joint names with my wife, and

Resolved Question:

If I own a hold a property in joint names with my wife, and there is a Civil Court judgement against me, can they force me to sell the property and collect my half of the value of the property, or will they put a lien on it, or is it completely protected from liquidation or lien as it is held in joint names? This is for UK (England).
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.


Is the judgement against you solely or both your and your wife?


Customer: replied 6 years ago.
Against me solely (hypothetically)
Expert:  Thomas replied 6 years ago.



The creditor can enforce the debt in two ways.


1- Apply for a charging order. This is effectively a charge (lien) against the property.


2 - Petition you for bankruptcy if the amount owed is more than £750.00


In both cases your creditor can apply for an order of sale of the property. Only your share of the property is at risk, in both cases your wife's interest is ring fenced so (if it came to it) her interest in the proceeds of sale of the property would still go to her.

In both cases you would have a chance to defend the applicaiton at a hearing. If it is the case that you require the family home to house your children then a court will only make an order for sale reluctantly. You would have to show that you would not be able to to easily accomodate your family elsewhere.


In the case of bankruptcy you can ask the trustee in bankruptcy to postpone the sale of the house (if this is to be done) until the end of the first year of bankruptcy.

Essentially though, being in joint names does not protect it from the creditors but your wife's interest is protected if the debt is only in your sole name.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,



Thomas and other UK Law Specialists are ready to help you