Looking for advice re exh debt being secured against marital home please

[Lilyloo]

Asking on behalf of my dsis. Her husband left her last year with no explanation. He has suffered mh issues for most of their marriage. She has supported him through this working full time when he hasn't been able to work. He has continuously run up debt whilst they have been together. She has managed to just keep their head above water.
Since he left she has paid everything , mortgage etc She changed her bank account and has been keeping on top of things.
Unfortunately her house is in negative equity so she cannot get his name off the mortgage. She has been slowly making improvements to the property to try and raise the value.
All the time her exh (they aren't divorced) has been 'gone' he has been applying for loans with dodgy companies , had unpaid debt letters etc delivered to the marital home.
Culminating in this week having a letter saying a charging order will be placed on the property.
She is at the end of her tether with it all. If she could get the money together to divorce him would this help ?
Currently she is talking of walking away from it all , which is so sad after how hard she has worked.
Tia

I don't think he can take a loan out against the house without her permission, bit bumping so hopefully someone who knows for sure will see.

A charging order is different to a mortgage - it's a protective remedy for a lender who is owed an unpaid debt. A divorce might help, but she would need to see a solicitor.

Thanks Trixy sorry probably not very clear in my post , the order is being put on the property by a company whom he owes money to.

If she got a divorce would the mortgage company agree to remove him from the mortgage. She has always paid this herself ,but would only have twelve months statements from her own bank account as opposed to a joint account previously.

Hi there.

It is likely that the charging order will be placed against the property but you could try and put in an objection with the court based on the info you have posted - in my experience its unlikley to have little weight as far as the courts are concerned he owes the money ans thats it..

Even if they divorce this does not mean that he will be remove from the title deeds unless your friend can remortgage, as the property is in negaive equity this is impossible so the only option will be to sell or continue to pay the mortgage.

Thanks Keli so it looks hopeless all round then The worst thing being this is likely the first of many debts that are being ignored given the volume of letters she receives.
Would she be better off putting the house on the market now then and take on the mortgage debt left when she sells ?
It all seems so unfair that she looses everything and will continue to pay his debt.
Thanks for all advice so far

They probably have a charging order nisi - it is a provisional charging order, and the final one will be made on a date to be fixed. She should attend that hearing (she will be given notice of it) with evidence of the negative equity (ie a valuation) and explain how it would be useless to grant such an order to a creditor.

Even if the final order is made, it is only an equitable charge, and won't stop the property being transferred into he name on divorce. It will be protected by a restriction at the Land Registry. This gives the charge holder very little protection.

Thanks Collaborate , she did get a valuation when they split so if she had this with the statements showing she pays all the mortgage would that be enough ? I will also tell her to press ahead with the divorce asap.

bump

Got nothing to do really with who is paying the mortgage. I think (a client of mine had this situation recently and I was told this by a civil litigation colleague) a judge won't allow a final charging order to be made if there is negative equity, as it gives nothing by way of security for the debt and prejudices 3rd party rights. She should attend the Absolute hearing and take the valuation and a mortgage statement with her. It should be a valuation from a surveyor though and not a simple estate agent market appraisal.

Thanks Collaborate thats really helpful