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Please Urgent advise need

2»

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mmmmm ... all getting a bit muddled.

    Is this right?

    You have a residency permit for 5 years? When the permit expires you can apply for indefinite leave to remain? (permanent residency?)

    Because you do not have indefinite leave to remain then you can not be put on the mortgage or the house deeds?

    Is this right?

    Can your husband be put on the mortgage by himself or do they need both of your names because they are taking your salary into account?

    If they need both names then you will not be able to get a mortgage until you have indefinite leave to remain.

    If your husband can get a mortgage in his name only, then, if you divorced, lots of different things would be taken into account - your children, what you contributed moneywise to the house etc etc.

    If your husband takes out the mortgage in his name only, then before he did this you could see a solicitor who specialises in family law who might write out an agreement about the house which you and your husband could sign.
  • RAS
    RAS Posts: 36,523 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The basic rules here http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

    OP - you need to get an appointment with your own lawyer who is versed in immigration and property before you sign anything.
    If you've have not made a mistake, you've made nothing
  • rochja
    rochja Posts: 564 Forumite
    I share pmlindyloo's scepticism about what you are being told. Many oversees nationals own UK property. I was assuming the housing association are attaching conditions to the sale to promote UK property ownership?
    Life is like a box of chocolates - drop it and the soft centres splash everywhere
  • lalali
    lalali Posts: 43 Forumite
    pmlindyloo wrote: »
    Mmmmm ... all getting a bit muddled.

    Is this right?

    You have a residency permit for 5 years? When the permit expires you can apply for indefinite leave to remain? (permanent residency?)

    Because you do not have indefinite leave to remain then you can not be put on the mortgage or the house deeds?

    Is this right?

    Can your husband be put on the mortgage by himself or do they need both of your names because they are taking your salary into account?

    If they need both names then you will not be able to get a mortgage until you have indefinite leave to remain.

    If your husband can get a mortgage in his name only, then, if you divorced, lots of different things would be taken into account - your children, what you contributed moneywise to the house etc etc.

    If your husband takes out the mortgage in his name only, then before he did this you could see a solicitor who specialises in family law who might write out an agreement about the house which you and your husband could sign.
    all correct, it looks we really need to go solicitor, because huge amound of deposit I am paying :) nearly 20 percent I have, rest he pay.(of course we are couple but I will give my all money for our home.
    thanks for your kindly answer.
    We should pay extras for the solicitor :):)
    cheers
    I am just need to be safe for any reason. I know I will have
  • lalali
    lalali Posts: 43 Forumite
    rochja wrote: »
    Not the end of the story because as the spouse of an EU national you can have a residence permit - which is different to ILR - now

    I am thank you your kindly answer also, I was looking reply just from who really knows it.
    of course I know to go solicitor,just thought from the forum I will get any advise, May be!!
    like you say also it looks I won`t have any right (my first job tomorrow to go solicitor and get proper knowledge )
    many many thanks for replying to me.
  • When I bought my house with my husband in 2007, I was on a working holiday visa which I was changing to a marriage visa. Northern Rock actually didn't care I had only a working holiday visa at the time, and we went with RBS who I think wanted to see proof of the marriage before the mortgage would complete, and this was for a 100% mortgage. Crazy! This is all pre credit crunch of course.

    OP I think you need proper advice rather than just advice from this forum.
  • 9ja4life
    9ja4life Posts: 226 Forumite
    I am on a work visa - residence permit - with 14 months to go. I have just bought a house with my OH (about to exchange this week) and we are not married yet. Mortgage documents has both our names on it and he is from the EU.

    We were initially going to buy from a housing provider on First Buy and they were happy with my visa and status. All they wanted to see from me was a steady income and no debts.

    Definitely talk to a lawyer.
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