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Conveyancer won't add me to title deeds!

24

Comments

  • eddddy
    eddddy Posts: 18,197 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can certainly have a 'stand alone' deed drawn up by a solicitor to protect you - if that's what you want.

    For example, the deed might say that your husband agrees to pay you 50% of the net sales proceeds (after mortgage etc) when 'his' house is sold, and that 50% is to be paid directly into your bank account by the conveyancing solicitor upon completion - unless mutually agreed otherwise.

    I've had similar deeds drawn up in the past - and the solicitor tends to charge around £120 for doing it.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    eddddy wrote: »

    For example, the deed might say that your husband agrees to pay you 50% of the net sales proceeds (after mortgage etc) when 'his' house is sold, and that 50% is to be paid directly into your bank account by the conveyancing solicitor upon completion - unless mutually agreed otherwise.

    Still leaves uncertainty. As the deed may have to be legally enforced to recover the money. Though there's nothing to stop the owner doing what they wish with the equity in the property.
  • nishnosh
    nishnosh Posts: 28 Forumite
    Thanks pinkteapot,

    I have spoken to the conveyancer who won't advise me is he is acting for my husband.

    We'll just have to sort a contract after we complete. It's really to cover my children.

    If I die suddenly, I'd like all my assets to eventually go the them and nobody else. Men can have children for ages and ages so there is a possibility that my husband could start a new family - and wouldn't differentiate my children from future kids with another person. Just want to have provision for my babies.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    nishnosh wrote: »
    When my husband applied on his own he was offered £344k - we only needed 200k.

    This is why we applied in a single name and not joint names. We were never told that this would pose a problem on the ownership.

    I'm not sure what you expected to be frank. As that's the trouble when you try and bend the rules to suit oneself or some would say trying to be clever. As the lenders will merely adjust themselves in line with your actions. Lenders see this all the time so nothing new. You can't have your cake and it as the saying goes.
  • nishnosh
    nishnosh Posts: 28 Forumite
    Thanks Edddy for the helpful advice. Will speak to a solicitor and see what contract we can draw up.
  • nishnosh
    nishnosh Posts: 28 Forumite
    Thrugelmir - I actually asked for advice not remonstration. Your point is noted.
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    nishnosh wrote: »

    If I die suddenly, I'd like all my assets to eventually go the them and nobody else. Men can have children for ages and ages so there is a possibility that my husband could start a new family - and wouldn't differentiate my children from future kids with another person. Just want to have provision for my babies.

    That is really nothing to do with the deeds and conveyance, it is an issue to deal with in wills.

    IMHO you are wasting your time trying to make changes to the house ownership or any trust deed etc relating to the house. The fact that you are married already gives you the protection that all assets are treated as jointly owned in the event of separation. There is no way to change that.

    The death issue can be dealt with in your wills.
  • nishnosh
    nishnosh Posts: 28 Forumite
    edited 8 August 2014 at 7:57PM
    Great thanks anselld, I panicked because I have to write a statement for solicitors saying that I am gifting the money to my husband and will have no interest in it.

    If in separation the house was sold, the bank would get their money back, but I would not. My deposit would be split 50/50.

    I've since spoken to our bank manager and I have another property I will be renting out which will be my income. In 6 months time I will be reviewed and my name can be put onto mortgage and deeds - in the meantime I will try and draw up a contract allowing for my share to be returned or protected for my children. I'm sure a clever legal mind can find a way even if not watertight.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    anselld wrote: »
    The death issue can be dealt with in your wills.

    No, it can't. As nishnosh doesn't own the house, she can't leave it (or a part of it) to her children.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    nishnosh wrote: »
    Thrugelmir - I actually asked for advice not remonstration. Your point is noted.

    Apologies no offence intended. Guess it's the number of years I've doing my day job. Playing games and digging holes for themselves is a pastime of far too many people. Same old games same results.
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