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Charge back order meaning

Published by a LexisNexis Family expert
What does Charge back order mean?
An order in which a property is transferred to one party while the other retains a security over it (a “charge back”) to secure a lump sum, deferred consideration, or a percentage share payable on agreed trigger events (for example, sale, remortgage, children reaching majority, or further order). Common in family finance on divorce or dissolution (property adjustment orders/financial remedy orders) and in negotiated property settlements. Not a term defined in statute; it is a descriptive label used by courts and practitioners. Key features include: identifying the secured sum or percentage, interest, priority, trigger events and long-stop dates, and requiring registration of the security (legal charge in England and Wales and Northern Ireland; standard security in Scotland; charge in Ireland) at the relevant land registry to bind third parties. It protects the economic interest of the party giving up title while allowing the other to occupy or hold the asset. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though terminology and registration mechanics differ. Not to be confused with “chargeback” in payment services.
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NEWS
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PRACTICE NOTES
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PRACTICE NOTES
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