Can anyone give me information about charging orders on jointly owned property?

A question about : Can anyone give me information about charging orders on jointly owned property?

My ex has managed to get a CCJ against him and, because he no longer lives in England and has not corresponded with the debt collection company, the local district court has agreed a final charging order on our jointly owned house. I have been in contact with the company Incasso and have been making regular payments off of the debt although it is not in my name. I have written and told them I will continue to pay until the debt is discharged. Although I did not attend the court, I wrote and advised them of the above.

I have the care of my elderly mother who lives with us and two children in full time education, the youngest is 16. My concern is that the charging order contains no details, just mentions the amount. I suspect that Incasso will now attempt to get an order to sell - can they do this and what should I do to prevent it?

Best answers:

• May be a useful thread to read: Charging Order? The myth
  Also this factsheet: https://www.nationaldebtline.co.uk/en...court#chapter9
  Upshot is though, that it is incredibly, almost absurdly unlikely, that a court would agree to an order for sale.
• Its fairly well accepted by creditors that Orders For Sale are near impossible if its against your main residence and impossible if you have children at home. So don't lose any sleep on this as its not going to happen as they won't apply for an OFS for this reason.
  Fermi has pointed you in the right direction but you need to quickly understand that YOU are under no obligation to settle the debt (and with children at home I would cease payments immediately), the CO is also only against your ex's financial interest in the property and is not registered against the property itself.
  This means you are free to sell the house whenever you please and are under no obligation to pass on any of the proceeds from the sale to any third party. This is because your ex's creditor will have only been able to register a "Restriction" on your Land Registry details (as its jointly owned) which only has the power of notification to the creditor that the house has been sold. It's then up to them to lay claim on any money that may be available but ONLY from your ex's share. But beware Solicitors if you do decide to sell as most simply try to pay off the creditor as they think they have to. They don't.