solicitor's questionnaire

d0nkeyk0ng

Having instructed solicitors to do searches etc they've asked me to fill in and return a checklist.

One of the questions asks who is going to "occupy the property following completion of the mortgage".

I'm getting married later this year. Partner currently lives with her parents and will be moving in with me. However, completion will have been done well before wedding.

So....do I put just my name or both our names?
Only my name is on mortgage application, and mortgage has been approved.

LateStarter

If you mention her, it may raise questions with you lender about outgoings/affordability (this may not matter if you're comfortably in the acceptance band).

Your intended will probably also have to sign a declaration that she has no interest in the property to satisfy the lender - this may or may not be a conversation you want to have with your intended bride.

My tuppence, hth.

lincroft1710

Moving in with you after completion or after the wedding?

If the first, both names. If the second, the only person who will almost definitely be living in the house is yourself. Obviously we hope it won't happen, but you and your fiancee could split up before the wedding.

As LateStarter says, you should inform your lender that you will be a couple and in English law your bride will have an interest in the property.

G_M

d0nkeyk0ng wrote: »

One of the questions asks who is going to "occupy the property following completion of the mortgage".

I'm getting married later this year. Partner currently lives with her parents and will be moving in with me. However, completion will have been done well before wedding.

Clearly at that time only you will be moving in.

What may or may not happen at some time in the future, only a soothsayer could answer with certainty (and even they are somewhat unreliable).

JimmyTheWig

I agree with lincroft.
Who is planning on living in the property in the first, say, month following completion?

kingstreet

Legally, the issue is who will reside in the property on completion day.

If there will be an occupant not party to the mortgage nor the ownership resident in the property from completion, they would need to sign a consent to mortgage form.

If they will not reside in the property from that date, it isn't necessary.

The solicitor should be explaining the reason for such questions instead of just chucking the form at you and asking you to fill it in!

princeofpounds

It's nothing to do with weddings. It is all about who will be moving into and occupying the property.

The mortgagor wants to protect themselves against a situation where someone is in the property and obtains rights over it that would hamper their ability to repossess if you default on your payments. That's all. It's quite routine, as long as your fiance understands why you are the only person on the titleand mortgage and why she is being asked to sign.

Not going to stop you getting married (in that case, she gains rights over the marital assets in general, but not the property in particular).

Just be aware that she may well get twitchy not being on the title long term. It basically means if you split up you could lock her out.

BlaEm

I had something similar when I bought last year (except no current plans for marriage for me). Initially my partner was moving in on an undetermined date after completion, so we didn't think it necessary to declare this on the mortgage application - I was just going to inform my mortgage company after completion/once we had a move date for him, to get the necessary forms signed then.

However, due to several delays, his moving-in date and completion were expected to be within the same month, so I told my solicitor and got the forms signed prior to exchange.

This was with Santander - there were no further follow ups (i.e. no 'dependency' checks. I was borrowing just a couple of £k short of the maximum they'd have allowed me.

d0nkeyk0ng

Wedding isn't until mid-April. Add in honeymoon etc and she won't officially move in until start of May.

Completion likely to be start of Feb, so for 2-3 months it will be just me.

Old_Git

d0nkeyk0ng wrote: »

Wedding isn't until mid-April. Add in honeymoon etc and she won't officially move in until start of May.

Completion likely to be start of Feb, so for 2-3 months it will be just me.

even with just your name on the house ,once you get married she is entitled to half .