Consent form or remove name from land registry - legal query

jnoire

Hello Forum,

Question about mortgage and charges in the land registry.

I live with my wife and daughter. The house we live is mortgaged and the mortgage is in my sole name. I've been paying the mortgage for the past 13 years and haven't defaulted. The land was also in my sole name.

Many years ago my wife added her name to the land registry using the "home rights under the Family Law Act 1996". Note, we're not divorced or separated. We are still married and live in the same house.

Recently I tried to re-mortgage the house and was asked by the bank to either "get a consent form from wife after getting independent legal advice or remove her name from the land registry after getting independent legal advice".

My wife has contacted a local law firm and the secretary to the firm has advised her that even if she gets her name removed from the land registry, the banks will still require consent form from all adults living in the house after getting independent legal advice for all future changes to the mortgage (re-mortgages, interest changes, etc.,). Even if they are immediate family (Wife, Son, Daughter) and not tenants or do not have any tenancy agreement.

I need clarity on this please. 

Anyone had to get consent from all living adults to remortgage or change their mortgage with your bank even if it was your own family and not tenants? 

Will the bank require consent from my wife even after her name is removed from the Land registry?

Is there any legal basis for any of this?

Any help is deeply appreciated!

K_S

@jnoire If there are adult non-borrowing occupiers who will be living in the property after completion, it is quite common for lenders to require that they sign a consent-form.

As an example to illustrate what I'm talkign about here's one relevant criteria from a lender "Anyone aged 17 or more at the time of completion, who is shown on the application to be living in the property and is not an applicant in the mortgage, will be required to sign a deed of consent surrendering interest in the security property."

Thrugelmir

Why not add your wife to the remortgage?  There appears to be a lot of dancing around that serves no particular purpose. 

MWT

Re the legal basis for this, it is simply that the bank requires clear title to the property in the event of default. So if those listed on the mortgage fail to pay, they are able to evict those living there, not just the ones on the mortgage and sell the property without having to separately deal with anyone else claiming a right to reside.

jnoire

Thank you everyone! 
@K_S and @MWT
WOW! that is strange for a few reasons!
When I took out the mortgage all those years ago, there was no requirement of consent form from my wife. I did mention that it will be our home and my wife along with two of our children will be living there.
Also, my son lived with us until he was 21 (moved out last year)! I changed the mortgage deal to a cheaper one twice during that time and there were no issues - nothing about getting consent from my wife or son. So, not really sure how the banks were looking to lock their interest without consent from two adults of my family living with me! They still had substantial amount in my house.   
@Thrugelmir Simple answer, she doesn't want to do it. Although, she did add her name to the land registry when we had financial trouble a few years ago. 
Once again thank you for taking the time to respond! Much appreciated!