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Joint property protection

(8 Posts)
tsonlyme Mon 03-Oct-16 15:56:54

Hi legal bods, I hope someone can help.

I am separated from my husband although we still live in the same house which is owned outright with both names in the deeds.

I have uncovered something that has a small chance of him being scammed and I need to make sure that our property is protected just in case. Is there a way of putting a block on a property being used as collateral for a loan? I'm pretty sure he would need two signatures to get one but he could fraudulently forge mine couldn't he?

Thanks in advance 🙂

Collaborate Mon 03-Oct-16 18:39:49

You would need to apply to court within divorce proceedings for an injunction under s37 of the Matrimonial Causes Act. If the court thinks he's about to deal with an asset with the intention of defeating a financial claim of your it would prevent the charge.

tsonlyme Mon 03-Oct-16 21:34:00

Thank you collaborate, I don't think he would try to borrow against my share but I don't want him spiriting his share away from the children (Canada, in this case, to a woman and her two kids the stupid arse 🙄)

Collaborate Mon 03-Oct-16 23:35:17

But if he charges his share to secure a new debt, that will reduce the pool of capital available for distribution, or against which you can make a claim.

It would be worth signing up for the Land Registry property alert. You will then be notified should anyone make an application against your house.

tsonlyme Tue 04-Oct-16 05:49:50

Omg starling that's exactly what I was hoping for. Thank you so much, and thank you again collaboration that's very useful information.

Collaborate Tue 04-Oct-16 07:46:23

By the time someone makes an application to the LR it's too late - the charge has been entered into.

If you're satisfied that you'll not be claiming on his share of the equity in any event, you need do nothing as you won't be making a claim against it. If there's a chance that you will be making a claim, the only reasonable option with any bite is s37. Whether you choose to take that route depends on how much equity is involved.

"By the time someone makes an application to the LR it's too late - the charge has been entered into"

It's not always the case as usually a lender would protect their application with a search prior to submitting it. You'd get informed of any search so would have warning and be able to take action. But, yes it's certainly not a foolproof way of ensuring there are no dealings with the property, more an additional safety measure.

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