Buying A House Together - Deed of Trust?

Land_Registry

Natbag said:

Land_Registry said:

HMLR ‘only get involved’ on two levels. The first will always happen on a remortgage as a lender will secure the loan against the registered title. 

The second is IF you decide to apply for a restriction to protect the DoT you have entered into. You don’t have to but if you do then you usually apply for what is known as a form A restriction. This can be applied for when your beneficial ownerships have been split in this way, namely through your DoT. 

A form A restriction only restricts a sole registered owner so won’t impact in future if you are both involved in say a sale or remortgage.
endstation’s scenario reads as if they went further and had more than just a form A restriction in play - quite likely if others had an interest. I’m surprised we had any say in what the fiancee’s best interests were but OP doesn’t appear to have that same level of involvement as just two of them and a DoT/2way split. 

Thank you. So the DoT shouldn't be an issue or a complication if it's just a case of us remortgaging at the end of our fixed term to get a better rate, if nothing has changed and we are still applying together, is that correct?

We don’t register a DoT unless you apply to register it in some way eg form A restriction. So if you do a DoT you need to understand what it’s legal impact is and you’d have to ask a lender whether it’s something they consider as part of a remortgage. 

If you choose to register a form A restriction I’m not aware that would be an issue for a lender provided both of you are remortgaging 

Natbag

Thank you both, I'll make sure to ask about this and make sure we know the implications before we agree to get the DoT.