England and Wales
Charging orders on property explained
Understand how a charging order can secure a judgment debt against property and why it does not automatically force a sale.
A charging order can secure an unpaid judgment debt against land, property or certain other assets. It does not automatically mean the property must be sold. If the property is later sold, earlier secured charges such as a mortgage are normally paid before later charges.
What a charging order does
The court places a charge over the debtor’s interest in an asset. HMCTS describes this as a way of protecting the creditor’s position for future payment.
A charge is not the same as an order for sale
A creditor that wants to force a sale normally needs a separate court application. A charging order alone does not compel sale.
Existing secured lending comes first
Where there are earlier charges, such as a mortgage, those generally rank ahead of a later charging order.
Related guidance
Important: This page provides general information, not regulated financial or legal advice. Rules and enforcement processes can depend on the debt, court, creditor and jurisdiction.