Q&As

Can you make a single application for a charging order against co-judgment debtors (who also happen to be husband and wife)?

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Published on LexisPSL on 12/04/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you make a single application for a charging order against co-judgment debtors (who also happen to be husband and wife)?

Can you make a single application for a charging order against co-judgment debtors (who also happen to be husband and wife)?

For the purposes of this Q&A we have assumed that the land/property sought to be charged belongs jointly to the co-debtors.

A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. The debt may be satisfied at a later date by applying for an order for sale of the charged asset. The order for sale crystallises enabling the creditor to sell the asset, repay all mortgagees and chargees in priority and repay the debt owed to the creditor. See Lexis®PSL Dispute Resolution Practice Note: Order for sale—how to enforce a charging order.

Obtaining a charging order is a two step process:

  1. interim charging orders—these are sought first. They give notice to the relevant parties that the creditor has charged the debtor's asset to secure a judgment or order

  2. final charging orders—these are

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