Charging orders

Am i correct in thinking it is not possible to get a charging order against a property where a debtor is not on the title deeds?  and where a claimaint has no proof that the debtor has any legal interest/claim to the property

I am unable to find any case law to support the above and from what i have seen this does not seem to be possible?

You don't need

caselaw. Surely it is beyond obvious that a legal charge cannot be placed on the property of someone who is not your debtor.

Profile: Interested in the subject

I don't think its that

I don't think its that obvious.

Charging orders can be made against the legal estate or the beneficial interest under a trust of land.

But the process is different.

And if the property is jointly owned it attaches to the property although not the share of the non debtor.

But the answer to the question is yes. Because if the creditor can't show the debtor has some interest then it would be pointless.

Profile: retired barrister legal adviser with MOJ.

Would you be able to expand

Would you be able to expand on this bit please?

""Charging orders can be made against the legal estate or the beneficial interest under a trust of land."" - How does this work?

The creditor has no proof that in fact the debtor has made any financial contribution to the property in question 

You have 2 threads on

the same subject. Please stick to one. For everyone's sake if you want an answer, don't confuse matters.

Profile: Interested in the subject

I have had a look on the land

I have had a look on the land registry website and found the below .  Now in the deeds there is one owner and there is nothing about any beneficial interest for any one else.  AS far as the land registry and goes and as far the sole owner goes they own the property and no one else has a share of it.

 

3.3 Where the debtor is not the registered proprietor

Where the debtor against whom the charging order has been made is not the registered proprietor and it is claimed that a charge of the legal estate has arisen under sections 2(1)(b)(ii) or (iii) of the Charging Orders Act 1979, an application for entry of a notice in respect of the charging order should be accompanied by the evidence referred to in Where land is held by a trustee or trustees. The registrar will take into account any existing register entries, such as restrictions, in considering whether or not the evidence adequately shows that the debtor(s) is or are the only beneficiary or beneficiaries of the trust on which the land is held and whether or not the beneficial interest is unencumbered. Thus if there is an existing restriction in the register which refers to the beneficial interest of someone other than the debtor the evidence lodged should account for that beneficial interest.

 

 

I have two threads on two

I have two threads on two different subjects:)

What proof would they need to

What proof would they need to prove beneficial interest ?

Turn the question around:

Turn the question around: what evidence is there that your debtor has a beneficial interest?

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

Emails  about purchasing a

Emails  about purchasing a house some time ago 

Then that is the evidence you

Then that is the evidence you use. 

although I am far from convinced that that will be strong enough evidence. Of course I have not seen these communications.

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

Have you considered other

Have you considered other means of enforcing your judgement?

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

Yes and the house is in the

Yes and the house is in the name of thier former partner . It simply says about the house they are buying and the fact the offer was accepted. Nothing else 

 

I have but the person seem  to be good at hiding stuff 

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