Parent's Name on Deeds as a charge

[LtPigeon]

Hi
Can anyone with knowledge about deeds shed any light on this for us please?
DH and I are sorting some paperwork out and have come across a question about the deeds to our house.
This house was originally bought outright for DH as a gift from his parents. It is DH's sole name on the deeds as Registered Owner, but his dad's name appears in Section C, Charges Register as proprietor.
DH no longer has a relationship with his dad due to difficult family circumstances, so we are a bit concerned.
I've only ever seen this as the mortgage lender appearing in this section, so we want to make sure that the house is actually just in his name and that his dad won't have any claim on the property.
Any thoughts?

Okay - so say FIL needs to have his loan repaid, what's the equity in the house? That is then your deposit and you get a mortgage for the rest of the purchase price of the next place. FIL has in effect gifted you the equity. You might then be looking at cheaper houses/areas to move to, but it's not as though you've been paying a mortgage or rent for years with nothing to show for it. Assuming there is equity of course.

But wowfudge is right^.

The past is the past. You need numbers and then mortgage DIPs.

Presumably a decent proportion of the house IS yours? And presumably a decade of living mortgage and rent free has left you with savings?

Once you look at specifics, it might not be too bad.

If he's such a bastard; you should probably have had more pride than to accept a house from him... How are you so sure none of his siblings properties carry the same charge? You didn't know yours did, after all, despite your DH having been made aware of it when the property was signed over to him?

No more engagement from me on this, I was looking for some input from posters with knowledge of property law, not a jury on whether my husband has been naive in not quizzing his family on whether they were planning to pull a fast one on him. We'll be taking legal advice on it, so we'll leave it there. Thanks.

Good idea.

Heads up though; Reading the paperwork IS important in property transactions.

Fwiw I have given you practical advice. I understand you probably thought you would have a lot more cash at your disposal if the house was sold, but it doesn't look like it now. Don't shoot the messenger - this is your chance to break any remaining ties once and for all and make your own way without being tied to someone you hate in any way.

I hope you aren't seeing the same solicitor that dealt with the house purchase on behalf of your DH, they have a conflict of interest and should not act for you. Make sure you request the transaction file from the original solicitors.

I agree with wowfudge.......as you and your DH no longer get in with your FIL, and with this information newly brought to your attention it does sound like a good opportunity to cut ties completely. Maybe I'm bitter though.

My parents initially bought a house for me when I was newly graduated and had little income. I had recently begun a relationship with DH who they weren't keen on (putting it mildly!) and they voiced their opinion that they didn't want him getting his hands in their property/money - otherwise they'd have gifted it to me outright then. Instead they kept the house in their name and charged us £££ in rent. Once DS was born we wanted to relocate but my parents had us by the balls as we couldn't afford a similar house elsewhere and they used emotional blackmail involving DS to keep us there under their thumb.

With the benefit of hindsight I wish we'd told them to foxtrot Oscar and got on with our lives out from their control. A few years later they signed the house over to us, on the understanding we wouldn't get anything when they died, but by then we'd paid a fortune to them in rent and had fully renovated the house with our own labour .....

get on not in

Crikey Raphaella - gifts with strings attached just aren't gifts are they? I once worked for someone extremely well off who, on the face of it, was very generous towards his children. However it was really about getting them to do what he wanted them to and living up to his expectations for them, which he tried to achieve by controlling them with money - cars, houses, pushing them into jobs he thought were right for him them. I have never known such an unhappy family.

I am grateful to have been brought up to be independent and find my own way in life. Any problems are my own!

If the parent claimed at the time that no strings were attached, and their general manipulation wasn't so clear years ago, then some sympathy is in order for having been manipulated, even if the resulting situation isn't as bad as it might have been.

With any luck, the charge will secure a fixed sum rather than a percentage of uplift in value so any maintenance etc that has added value will be inconsequential in respect of the sums due.

I understand you are upset op, so it really is best to obtain all of the salient information now before jumping to any more conclusions. It matters not what happens with gifts to others etc, or where monies will go on someone's death, that, is the sole preserve of the testator. In England, it is ones right to leave ones assets to whomever one wishes on death (and in life too of course!)

You must deal with your current situation as it stands, try not to cloud your judgement (hard of course!!) and best of luck!

Fay - glad to see people making the points that I believed but couldn't say with your authority and clarity .

I do hope OP is still reading as this is the advice she was looking for .

Good point about obtaining the charge document from the Land Registry.

Boo, I said yesterday to get the charge sigh no one listens to me

Ps OP I'm a city property solicitor (check me out eh!)

Lucky - I crossed posts with you yesterday so missed it. Your posts on here are worth a fortune in saved fees!

Hahaha, I was feeling distinctly unloved (I'm well used to that from work...)

The contribution would be outlined if he's a subsequent lender.