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Declaring an interest in house

2 replies

FloristryCommission · 08/04/2015 15:08

My sister (married for 20 years, 2 late teen DC) does not have her name on the deeds to the house. Her DH bought it before their marriage. He has never suggested her name is added, their finances are totally separate. She works P/T, he is the higher earner.

He dropped into conversation recently that the mortgage has just been paid off. She was unaware of this. He is now keen to purchase a buy to let property as an investment. Should she declare an interest with the Land Registry to prevent him risking their home? Can she even do this?

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Collaborate · 08/04/2015 16:05

Is the marriage on the rocks? A spouse can register at the Land Registry their right to occupy the property. This is not a right to a share of the proceeds of sale, and the right only subsists for as long as the marriage continues.

If she's worried he will mortgage the property without telling her the mortgage company is highly likely to require that as an adult occupier she signs a waiver.

FloristryCommission · 08/04/2015 21:19

Thanks for your reply. Whilst not on the rocks, it's not the happiest marriage. I think she's concerned he'll mortgage the property to purchase the buy to let and if he defaults (no obvious reason he would, but sometimes things happen) she'd be homeless.

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