Legal way of removal of a charge on a property

memet1971

Hi Everyone,

I/we purchased a house 12 years ago with my partner. The house is in her name but we did a declaration of trust before we moved in back July 2003 did not register with the land registry I have made all the mortgage payments over the last 12 years and the maintenance of the property to present day.

My partner has been made bankrupt I also found out now since being made bankrupt that there are 3 charges on the property. I would like to know if this is possible by getting the charges removed as none of the debts are mine and the bankruptcy does not effect me
at all.

Regards
Mem

Thrugelmir

Why weren't you named on the original mortgage application and therefore the property deeds.

What does the DoT say?

Land_Registry

If the property is registered in your partner's sole name then they are seen as the legal owner so any charges would not be removed on the basis of your stated interest.

The declaration of trust you mention was presumably drawn up to protect your 'beneficial interest' in the property and presumably you had good reason for not being registered as the legal owner at the time.

In the circumstances I would recommend seeking legal advice to understand what your legal/financial position is now and for you and your partner to also consider what options are available to them re the registered charges/bankruptcy