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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5998
Experience:  Senior Associate Solicitor
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If a person sues me in a blame claim court action, can my

Customer Question

if a person sues me in a blame claim court action, can my home be taken and sold even though it belongs to my wife and myself jointly?
JA: Where are you? It matters because laws vary by location.
Customer: UK England
JA: What steps have you taken so far?
Customer: none......don't even know for sure if they even have a case
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 8 days ago.
Category: Law
Expert:  JimLawyer replied 8 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

The claimant can still place a charge on the jointly-owned property however, the charge is only in relation to your interest (not your Wife's). At this stage the court will sever the joint tenancy (you and your Wife own the property jointly so there is a likely ownership of "joint tenancy") to tenancy in common - so your Wife would have a distinct share.

The claimant (assuming they win their claim against you) would obtain a county court order (a CCJ). If you did not pay it then they may apply for a charging order on paper. If the court grants this then it would be an interim charging order. The court would list a hearing and if the claimant succeeds, a final charging order would be made. You can attend this hearing and object - if there is not enough equity in the house, or children living in the house for example, you can object. Similarly, if you are able to pay off the CCJ in a reasonable period of time then you can ask for a time order (which allows you time to pay the CCJ and the claimant cannot then apply for a final order to charge the house) or a suspended charging order - so you pay the CCJ in installments and if you default then the claimant can go back to the court to make the suspended order final.

The charging order simply adds the claimant's interest to the property deeds - it means their CCJ is repaid when the property sells, or if they apply to force a sale. The court may not agree to a forced sale if there is little equity, children living there, or you have prospects of paying off the CCJ in a reasonable period of time for example.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 5 days ago.

I hope I have helped. Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking “submit”.

Many thanks,

Jim