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    • CathFord
    • By CathFord 14th Jul 17, 3:42 PM
    • 1Posts
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    CathFord
    Squatters Rights
    • #1
    • 14th Jul 17, 3:42 PM
    Squatters Rights 14th Jul 17 at 3:42 PM
    Hi everyone, I'm Cathy and I'm wondering if you could help me? Sorry if this is in the wrong place.

    My husband is taking out his first mortgage (all in his name) and he mentioned to me that I had to sign a squatters rights form stating that if he defaults on the mortgage then I could not claim squatters rights, he said anyone over the age of 18 who resides in the house will have to do so. I'm just wondering if this is common practise, as people who I have mentioned it to have never heard of it before. Also, if this is the case, what would the consequences be if we were to divorce.
    Thanks for reading.
Page 1
    • Guest101
    • By Guest101 14th Jul 17, 3:46 PM
    • 15,147 Posts
    • 14,752 Thanks
    Guest101
    • #2
    • 14th Jul 17, 3:46 PM
    • #2
    • 14th Jul 17, 3:46 PM
    Well given that squatting in residential property is a crime I doubt that's what it says.


    I suspect it says along the lines of, you will vacate when required.


    Divorce is separate. Bad if that's on your mind, have you told him?
    • shortcrust
    • By shortcrust 14th Jul 17, 3:48 PM
    • 1,324 Posts
    • 1,726 Thanks
    shortcrust
    • #3
    • 14th Jul 17, 3:48 PM
    • #3
    • 14th Jul 17, 3:48 PM
    I had to sign one when my dad took a mortgage out when I was 19. I think it's standard.
    • Fosterdog
    • By Fosterdog 14th Jul 17, 4:12 PM
    • 3,158 Posts
    • 5,448 Thanks
    Fosterdog
    • #4
    • 14th Jul 17, 4:12 PM
    • #4
    • 14th Jul 17, 4:12 PM
    He's worded it very badly to you calling it squatters rights. It's more about anyone living there who could claim a beneficial interest in the property. When I bought last year our solicitor needed to know if there would be anyone over 18 living here to sign.
    • alex_163163
    • By alex_163163 14th Jul 17, 4:15 PM
    • 178 Posts
    • 106 Thanks
    alex_163163
    • #5
    • 14th Jul 17, 4:15 PM
    • #5
    • 14th Jul 17, 4:15 PM
    Yes I believe it is very common place these days. It is a form you sign to say you have no legal ownership/ claim over the house and should the lender need to repossess the property you have accepted you have no rights to stay there. I seem to remember reading somewhere a while ago (not sure where now!) it has been introduced in the last few years/ decade when a woman successfully challenged a repossession order and was allowed by a court to stay in the property owned by her partner. Think all lenders require it since then. I think that's why anyway!
    • Jemima09
    • By Jemima09 14th Jul 17, 4:40 PM
    • 150 Posts
    • 112 Thanks
    Jemima09
    • #6
    • 14th Jul 17, 4:40 PM
    • #6
    • 14th Jul 17, 4:40 PM
    Yep my boyfriend has just had to sign one as I'm remortgaging my house and he's just moved in. It basically said that he understood that the house was mortgaged and if I defaulted he would have to move out. It had to be witnessed by another person.
    Debt Free and Very Very Proud! - DMP mutual support member 315
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    • ProDave
    • By ProDave 14th Jul 17, 4:44 PM
    • 270 Posts
    • 331 Thanks
    ProDave
    • #7
    • 14th Jul 17, 4:44 PM
    • #7
    • 14th Jul 17, 4:44 PM
    Seems very odd that the house your husband is buying is not in joint names as a joint purchase? Is this the house you live in together?
    • gingercordial
    • By gingercordial 14th Jul 17, 4:51 PM
    • 983 Posts
    • 940 Thanks
    gingercordial
    • #8
    • 14th Jul 17, 4:51 PM
    • #8
    • 14th Jul 17, 4:51 PM
    Yes, years ago I had to sign that when my parents were remortgaging because I was just over 18 and still living there. I remember Dad was unimpressed at having to get his daughter's "permission" in that way!
    • gingercordial
    • By gingercordial 14th Jul 17, 4:54 PM
    • 983 Posts
    • 940 Thanks
    gingercordial
    • #9
    • 14th Jul 17, 4:54 PM
    • #9
    • 14th Jul 17, 4:54 PM
    I seem to remember reading somewhere a while ago (not sure where now!) it has been introduced in the last few years/ decade when a woman successfully challenged a repossession order and was allowed by a court to stay in the property owned by her partner. Think all lenders require it since then. I think that's why anyway!
    Originally posted by alex_163163
    Per my post above I had to do it for my parents when I was 18 and sadly that was well over a decade ago! (How did that happen? )
    • m0bov
    • By m0bov 14th Jul 17, 8:03 PM
    • 1,049 Posts
    • 706 Thanks
    m0bov
    As you committed to marriage I am surprised at you both not committing to joint ownership. Not much stability,
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