Q&As

If property is held on the basis of a joint tenancy by two individuals and an interim charging order is issued against the interest of one of the joint tenants, does this sever the joint tenancy? Is so, how would the beneficial interests be held following the court order, and in what proportions?

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Produced in partnership with Anna Metcalfe of St Philips Chambers
Published on LexisPSL on 07/04/2016

The following Property Q&A produced in partnership with Anna Metcalfe of St Philips Chambers provides comprehensive and up to date legal information covering:

  • If property is held on the basis of a joint tenancy by two individuals and an interim charging order is issued against the interest of one of the joint tenants, does this sever the joint tenancy? Is so, how would the beneficial interests be held following the court order, and in what proportions?

An interim charging order creates an immediate, albeit defeasible, charge over a judgment debtor’s property. The charge takes effect from the date of the interim order, not the final order, as the latter simply confirms the former – it does not create any new or distinct charge (Haly v Barry), and more recently confirm

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