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joint mortgage but sole ownership!!!!!
bee78
Posts: 173 Forumite
Hello everyone,
Just when i thought everything was going to plan...a big hiccup.
well if anyone has read my previous thread..we are about to let our property out and purchase another to move into(in a nutshell).
While i was getting my conset to let for our property, i can across our land registry documet with the title number. to my utter dismay i found that our property is only registered in my husband's name and not mine as well, but we have a joint mortgage:eek:. Today i have been on the phone to land registry, my lender, the solicitor who dealt with our purchase in 2005.
The land registry- is going to pull out our original signed documents, to see if we had asked for the property to be one name, and get back to me..i presume it is going to be next week before they do that.
Solicitor- is not in-made a telephone appointment to speak to him tomorrow.
Lender- agrees that even though joint mortgage, the title deeds could be under 1 persons name. they don't have any authority on that.
i am in a mad mood now. Could someone give me an opinion. IF the mistake is on the land registry...what will happen. If it is with the solicitor....well would he have the copies of the original forms we signed. what would happen.
what happens if we did register it under 1 person.....can we rectify this. how much would it cost, and what legal implications would there be. At this point am i not classed as a home owner, and i have stated on every credit agreement i signed after 2006, that i am....:cool:.
Oh dear..what a mess....thanks for reading..hopefully someone would be able to answer some of my queries.
Thanks
Just when i thought everything was going to plan...a big hiccup.
well if anyone has read my previous thread..we are about to let our property out and purchase another to move into(in a nutshell).
While i was getting my conset to let for our property, i can across our land registry documet with the title number. to my utter dismay i found that our property is only registered in my husband's name and not mine as well, but we have a joint mortgage:eek:. Today i have been on the phone to land registry, my lender, the solicitor who dealt with our purchase in 2005.
The land registry- is going to pull out our original signed documents, to see if we had asked for the property to be one name, and get back to me..i presume it is going to be next week before they do that.
Solicitor- is not in-made a telephone appointment to speak to him tomorrow.
Lender- agrees that even though joint mortgage, the title deeds could be under 1 persons name. they don't have any authority on that.
i am in a mad mood now. Could someone give me an opinion. IF the mistake is on the land registry...what will happen. If it is with the solicitor....well would he have the copies of the original forms we signed. what would happen.
what happens if we did register it under 1 person.....can we rectify this. how much would it cost, and what legal implications would there be. At this point am i not classed as a home owner, and i have stated on every credit agreement i signed after 2006, that i am....:cool:.
Oh dear..what a mess....thanks for reading..hopefully someone would be able to answer some of my queries.
Thanks
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Comments
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Why not just wait and see what happens?0
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If I can wait and be sane, I wouldn't be asking all those questions above"......:mad:0
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Given that you seem to be purchasing a new house with your husband, I suspect you're not in the middle of divorcing one another - and that he agrees with you that the first house ought to be in joint names. If that's the case, this shouldn't be too much of an issue.
If the error was the fault of the solicitors/Land Registry, then they should put it right for you at their cost. If it was your error, my guess would be that you'd have to pay up to a few hundred pounds to sort it (but I'm not an expert in this area).
On the other hand, if your husband says that the house is solely his, then you could potentially be paying an arm and a leg in legal fees.0 -
Given that you seem to be purchasing a new house with your husband, I suspect you're not in the middle of divorcing one another - and that he agrees with you that the first house ought to be in joint names. If that's the case, this shouldn't be too much of an issue.
If the error was the fault of the solicitors/Land Registry, then they should put it right for you at their cost. If it was your error, my guess would be that you'd have to pay up to a few hundred pounds to sort it (but I'm not an expert in this area).
On the other hand, if your husband says that the house is solely his, then you could potentially be paying an arm and a leg in legal fees.
Thanks for your input, no my husband agrees that the house should have been in joint names. So no problems there. I am just waiting now for dawn to break, so that we can do something about this. :cool:0 -
do you need to do anything about this? If you are renting it out are either of you non-tax payers (or one a higher rate tax payers)? If so and its your hubby that is the non tax payer then this will be beneficial for you.0
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do you need to do anything about this? If you are renting it out are either of you non-tax payers (or one a higher rate tax payers)? If so and its your hubby that is the non tax payer then this will be beneficial for you.
My husband is high rate tax payer, and I pay basic rate.
Well the land registry rang me today, and said they have requested my files, and it would be mon/ tues before they can do anything.
The solicitor who dealt with all our purchase rang me today as well, and said he was surprised that it is in sole name, because all correspondence is to our joint names, and I also vaguely remember going into his office during at time and signing a lot of documents. He is going request his storage site to send all of paperwork to him, and it would be probably be next week before anything can be done.
More than all tax implication, the thought about my name not being on the deeds is upsetting and depressing.
Well I just have to take it as it goes....and stay patient.
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