Property owned by two people. Can a charge be registered against one of the owners and not the

Hi. My wife and her sister jointly own a property and the title deeds clearly details this. Sister A is having to take Sister B to court as she is unwilling to pay her 50% of the council tax and therefore Sister A is having to pay 100%. If Sister A obtains judgement can a charge be registered on the deed solely against Sister B? If this becomes an ongoing issue and action has to be taken against Sister B on an annual basis can a number of charges be registered against Sister B?

Hi Nick - it's legal advice you need here to understand how the legal action then impacts on the sisters and then their joint/legal ownership which we register.
The term 'charge' is used in many ways from a legal charge (mortgage) through to an interest that can be protected on the register often as a Notice or a Restriction
The former are really secured loans so not what you are referring to whilst the latter are linked to third party interests such as creditors
But it's the legal position you need to confirm first before considering the registration one, if you actually need to.

Hi can a legal charge (mortgage) be registered against a property jointly owned where the mortgage is taken by one of the joint owner. I think this should be acceptable but the Lawyers are stating the Registry will reject such application; and the application needs to be in the names of both joint owner. The mortgage lender is happy to proceed on lending to just one of the owners. The joint owner have no issue with the charge been made on the property. 

if the security deed can be registered with just one of the owners as the lender, how can this be processed as the lawyers are stating this is not possible.
 

Hi Shade - it can't be registered as a legal charge unless all the registered owners 'charge' the property

Thanks Adam. Can the joint owner be included in the charge without been a borrower on the mortgage? What other options are available with for the mortgage deed to be registered?

Shade - the key part of the mortgage, from a registration perspective, is the charging clause itself. For example 'The Borrower hereby charges the property...." - the borrower will be defined and must include all the registered owners for it to be registered as a legal charge.
If you can't achieve that then the lender would be looking at protecting their charge by way of a Notice or Restriction but I'd expect them to be aware of that and already guiding you, through the conveyancer, as to what type of security they are offering etc
These aren't Qs HMLR can answer and advise you on - if you are looking for an alternative from what the conveyancer/lender are advising it's them you need to be discussing options with

Thank you. This has been really helpful.