• Is It Possible To Get A Charging Order Restriction On One Owner Of A Jointly Owned Property Removed? If So How? The Creditor Isn't Responding To The Debtor

    By Guest on 05th Nov 2015

    Can a court remove this? If so how? My ex partner left the property 6 years ago. Tesco are not responding to any correspondance

  • 2 Answers

    By Guest on 08/11/2015

    It is possible to have this removed by the court however it would be a difficult process and it may be better to continue to pursue the creditor. If you are selling the property then provided both you and your ex partner sign the transfer deed which you will have to do if your own property jointly then the restriction should be automatically removed provided your conveyancer gives notice to the creditor of the sale. Your buyers solicitor not be comfortable with this however it may be the only way to proceed. Remember though that if you do this you and your ex will be holding the proceeds of sale on Trust for the creditor and will be under a duty to pay whatever money is due to them

  • By Guest on 08/11/2015

    The problem is her half doesn't cover the charges. (There are two. One has said go ahead and the other ie Hilesdon on behalf of Tesco are not responding). There isn't enough money to cover it even if I gave over my half, (though I have no obligation to do so). These are only in her name. The buyer is threatening to pull out of the sale. His solicitor has requested these restrictions be removed. We are yet to request one being left on...My only other option is to return the keys to the mortgage company, but there is equity in the property at present, just not enough to pay HER charging order restrictions. (Which were put on some years after she vacated the property & she hasn't contributed any money to the mortgage since). Would have remortgaged, but i'm not long discharged from bankruptcy. Thanks for the assistance

  • Post Your Answer


  • Do you want to be informed of further comments / replies? Yes No

Ask a Question

Search