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remortgaging with a Form N restriction on the property title deeds

abc987
abc987 Posts: 73 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker
edited 5 March 2023 at 10:50PM in Mortgages & endowments

Hello

Currently the property is owned by the husband and an adult-child as "Joint Tenants", and there is a mortgage.
The wife cannot have her name included on the title deeds due to the mortgage provider only allowing 2 people to be named on the title deeds.

All three live at the same address and do not own any other property.

All 3 above  have agreed to sign a declaration of trust (DoT) that says (among other things) that all 3 are beneficiaries and therefore own different percentages of the property.

Obviously, form SEV needs to be completed to change the ownership from joint tenants to tenants in common.

A form N restriction on the property title deeds will be added to essentially protect the interests of the wife? That is, property cannot be sold, etc. unless the wife gives her written consent. Wording would be: -

"RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by Jane Smith of 987, Brookside Rd, AtowninEngland, M40 1xx"

1) Is this the best way to protect the wife's interest?

2) Is the  Declaration of Trust binding even thou it is not mentioned on the property title deeds?

3) Will a Form N restriction on the title deeds cause any problems when remortgaging to find a better mortgage in the future?

Thanks

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