Q&As

If there is a final charging order against both joint owners of a property and one transfers their interest to the other through a divorce proceeding, how would this affect the charging order?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 30/01/2019

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If there is a final charging order against both joint owners of a property and one transfers their interest to the other through a divorce proceeding, how would this affect the charging order?

If there is a final charging order against both joint owners of a property and one transfers their interest to the other through a divorce proceeding, how would this affect the charging order?

A charging order is an order made by the court to secure against the beneficial interest in a property (or other assets such as shares) a judgment sum. The charging order process is in two stages, with an interim order being granted on the papers and then made final at a hearing, following the procedure set out in CPR 73. Where a property is jointly owned, and only one of the joint owners is the judgment debtor, the charging order will be made against the beneficial interest of the judgment debtor only.

In Banwaitt v Dewji, Master Matthews dealt with a preliminary issue within proceedings brought to enforce a charging order by an order for sale. In that case, judgment had been obtained against a party who owned properties jointly with his wife and a charging order

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