Solicitor now told me that only I can go on land registry title

lovemotown

Hi All,

I have done a part ex with a builder on a new build. He bought mine - I bought his.

I was told at the outset that if I was the only person with a salary (wife is housewife) only I could go on the mortgage application. I did though put her name on the forms we had to complete for the solicitor which asked about "owners". We also completed a "Methods of Ownership" form at the solicitors when we signed up stating "Beneficial Joint Tenants".

We then gets a call from the solicitor saying that as my wife is not on the mortgage application, only I as the named person on the mortgage, will be put onto the title at the Land Registry.

The only way the completion can take place, (without kicking the whole thing off again), is to let the completion take place then afterwards, go back to the solicitor and they do some retrospective process to put my wife onto the title as well for £250 + vat.

Now I don't want to scupper my move for this, but whats the point in my wife signing papers at the solicitors then coming at me with this a few days later.

What purpose does the Methods Of Ownership serve/not serve?

The solicitor said something about this being new and she only discovered when she checked with the LR to make sure.

If you can't put a housewife onto a mortgage application because they don't earn, how an earth do you get them onto the title without incurring this charge?

Mrs_Bumble

If your wife is not on the mortgage application then she can't be on the title deeds as lenders do not like them to be different because it makes things difficult if court action is ever required.

Why were you told that your wife couldn't go on the application, if she has no detrimental credit history and your income was enough to carry the application then I don't understand why she couldn't be on the application, there is no reason that she couldn't go on the application just because she is a housewife.

jessbob

Hi

I am not sure why your solicitor didn't explain ownership to you at the outset when you returned the completed forms.

The property can only be transferred into the name(s) of the person on the mortgage as far as I am aware. Even when the transaction is completed and the property is registered in your name, the only way the property can then be transferred into both your names would be with the consent of your mortgage lender to such transfer of equity, as the mortgage would have to be amended accordingly

You should speak with your solicitor and ask for clarification, and also ask why this was not explained to you when they had received your signed forms regarding ownership

lovemotown

London & Country brokered the mortgage deal.

It was them who told me, and yet my solicitor gave me no inkling of this when I signed the exchange paperwork.

I don't know who is to blame in all of this as I haven't any proof anywhere other than my word against theirs.

The only defence of the solicitor is that I changed solicitors part way through to them, and by then, the mortgage was in full swing.

I now find I have to pay this amount to get my wife back onto the deeds which p...s me off as it wasn't my fault. I just assumed that the Methods of Ownership put her back on?!

Anyway, I am going to email L&C and see if I get anywhere, if not, will have to bite the bullet.

CFC

Really your easiest option as you are married is simply to write a will leaving all your assets to your wife, and leave it as just you on the mortgage deeds. The builiding society may play ball, but they may not - as another poster said, the building society do not really like people on the deeds who are not party to the mortgage.