can a final charging order registered against my home be placed if property is in my wifes name - Debt Watchdog
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   can a final charging order registered against my home be ...

roberto carl
15-07-2008 12:02 PM

Joined: 15 Jul 2008
Posts: 2
Hi
My story is very briefly,

I have approx. £40K in unsecured loans, cards etc. No new debt has been added for approx 3 years. In that time I have had various agreements for small repayments per month (lost my job three years ago and been runing my own business since, my salary dropped from £35K to £12K).
The companies I owe have been getting more and more aggressive and as a result I have just stopped taking calls.
The latest threat is, they say they have checked the land registry and note that I own / jointly own the property and they intend to secure a county court judgement and enforce this by way of a final charging order registered against the property.
Question
1 As the house is in my wife's name can they do this?
2 What liability does my wife have? We have been married for 2 years.
3 If I go bankrupt what liability would she have then?

I really have had enough with 3 years of this nightmare.

Thanks for any advise or opinions.


DW George 17-07-2008 09:59 AM

Joined: 01 May 2007
Posts: 174
My Profile
Hi Roberto
If the house is NOT in your name and the debts are solely yours then the credit companies cannot get a charging order assigned to your wife's house. Although, if you have recently signed the house over to your wife then this will be deemed as gratuitous alienation of assets.

Your wife does not have any liabilities for any of your debts. They are solely yours and marriage does not change that. This does not change even if you are made bankrupt.

It sounds that you need a fresh start, financailly! Hope this helps! Post back of you need any more help or support.

George

Edit: Missed out NOT in first sentence. Ooops!



paladin 17-07-2008 09:36 PM

Joined: 06 Jun 2007
Posts: 77
My Profile
Roberto
I don't understand how a Land Registry search can say that your name is on the title deeds but you say the house is just in your wifes. Could you clear this point up?

cheers

P



roberto carl
26-07-2008 11:12 AM

Joined: 15 Jul 2008
Posts: 2
My wife has the same surname

Cheers





 



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