Title Deeds and Charges

Lunarbase_6

Hi everyone.

I married my wife a few years ago and moved into her house. she had lived there/owned it [mortgaged] for over thirty years.

A couple of years ago against my wishes I was put onto the title deeds as joint owner largely through a solicitor's misunderstanding- it's too complicated [and largely irrelevant] to explain but I let it go for expediency's sake.

After about 18 months I got round to getting my name taken off the title deed [but not the mortgage which I'd also become co-responsible for but I don't mind about that, it's tiny] so that it reverted back to my wife's sole ownership.

What I want to confirm is that any creditors I have- I defaulted on some unsecure debt in the past- do not have a right to a charge on the house just because i live there. The way I see it I have had no financial interest in the house in the past, nor do so now because:

1] The mortgage has always been paid for by my wife, both before and after our marriage and;

2] I have been unemployed since early 2006 due to illness and have as such earned no money to pay the mortgage or invest any money whatsoever into the property.

There isn't any threat of such charges at the moment- there is the CCJ process to go through first etc which I'm aware of so we're talking hypothetical here, I just want it clear in my mind that the house is entirely my wife's and no one else can try to make a grubby claim if they have a mind to do so.

I hope someone can share any pearls of wisdom please!

Rikki

:think:


How long ago did you take your name off the title deeds?

It could be problematic if it seems you removed your name from the title deeds deliberately. Less than five years springs to mind.

Robert_Sterling_3

Perhaps you will allow me to think out loud.

[ Thinks:- Why did he let his name be put on the deeds?
Answer: He did not say.
Why did he have his name taken off the deeds?
Answer: He seems to think that this might be to his advantage in relation to his creditors.
Do his creditors now his name was on the deeds?
Maybe ... Maybe not.
If they know he was on the deeds and now know that he is not on the deeds can that be to their advantage.
Answer:- I do not know but I think it might.
They might argue that he had given away his major asset to avoid paying an outstanding debt ]

I fear Mr T Ed may have something to say about this :rolleyes:

Rikki

Curious, how much does it cost to have someone added or removed from the title deeds?

Lunarbase_6

Rikki wrote: »

:think:


How long ago did you take your name off the title deeds?

It could be problematic if it seems you removed your name from the title deeds deliberately. Less than five years springs to mind.

Back end of last year. I know about the five year thing, particularly when it comes to bankruptcy but does that apply to charges too? I'm under no threat of even CCJ action at the moment.

Lunarbase_6

Rikki wrote: »

Curious, how much does it cost to have someone added or removed from the title deeds?

I did it myself for about 50 quid entirely through internet research and the Land Registry people themselves are very helpful! [well my local office was anyway] You have to be quite precise in places on the forms but it's not immensely difficult.

Lunarbase_6

Robert_Sterling:Perhaps you will allow me to think out loud.

Thanks Robert. Here we go!:

[ Thinks:- Why did he let his name be put on the deeds?
Answer: He did not say.
It's complicated but essentially my wife wanted her former husband taken off the title deed-she thought it had been done ten years previously but hadn't through a solicitor !!!!-up- and the most recent solicitor assumed I was to go on in his place. The whole process took so long and was in places fraught, that just to get it all over and done with I signed on the line.

Why did he have his name taken off the deeds?
Answer: He seems to think that this might be to his advantage in relation to his creditors.
Well obviously lol but as I see it, I haven't invested anything financially into the property and was only on the title deeds for less than two years out of the 35 years of my wife's residency. I therefore saw no reason to be on title deeds particularly as the solicitor at the time wasn't directly instructed to do so, so I was rectifying an ownership situation not avoiding creditors who weren't chasing me any way [repayment arrangements were already in place].
Do his creditors now his name was on the deeds?
Maybe ... Maybe not.
Very likely not.

If they know he was on the deeds and now know that he is not on the deeds can that be to their advantage.
Answer:- I do not know but I think it might.
They might argue that he had given away his major asset to avoid paying an outstanding debt
How can it be an asset when I have never been party to any investment in the property and, at best, could have been seen as 'gifted' by my wife for that short period I was on the title deed? It could be argued that it never was a viable 'asset' of mine to start off with. This is after all how it would be seen from the other side i.e. if I gifted a property I had full interest in to my wife for no payment, it would be fair game to be charged- I don't see how the creditors can have it both ways.


I fear Mr T Ed may have something to say about this :rolleyes:
Who's Mr T Ed lol

Robert_Sterling_3

Mr T. Ed is a gentleman who often disagrees with me :rolleyes:

Moonface

Rikki wrote: »

Curious, how much does it cost to have someone added or removed from the title deeds?

There is no fixed cost. It depends on each individuals circusmstances ie how the land is being transferred, is there any monetary consideration, has someone died etc etc