Occupier Deed Of Consent

mikewicks79

I am buying a house in my own name. My wife and child (under 17) will be living with me in the property. My wife has been asked to compete an occupier deed of consent form and has been told that she needs to receive independent legal advice on the matter by a solicitor who will also wot was the form. I have two questions:

1. Is it mandatory to get independent legal advice on this and for the form to be signed by a solicitor as there is a wealth of information available explaining what this means and we also have another property in her name. If we are happy with the T & C's can she just sign it and have another professional witness it as it sounds like we could incur unnecessary additional costs.

2. If we really HAVE to seek legal advice can anyone provide an estimate of how much this is likely to cost us?

Thanks in advance

Mike

kingstreet

This depends entirely on the lender you have chosen to use and the solicitor you choose.

There is no way of estimating the cost. You will need to obtain estimates.

AnotherJoe

The legal "advice" will be "dont do it its against your interests do you understand this?" and signing a form to that affect.

When i gave my daughter a very large sum as a very extended loan (no repayments until house sold, if ever) the advice from her solicitor was "dont sign the loan agreement" even though without that very large sum she couldn't have bought the house (or any house) !

So IMO its just legal a**s covering b*****t, use the cheapest solicitor you can find.

BTW, when you say "we" have another property in her name, is that a slip of the tongue? Did you mean "she" has a house in her name?

Can i take it you understand you are still eligible for the extra 3% SDLT tax? Not all solicitors are au fait with this it seems.

jonesMUFCforever

If you are borrowing through a mortgage to do this deal then your wife needs to understand that she cannot ''block'' a sale if the relationship breaks down and a forced sale needs to be done if they repossess.
This has been standard practise for many years.