How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Family Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I need to add my name on the Registry against my husbands

This answer was rated:

I need to add my name on the Registry against my husband's property. He refused to do so after 7 years of marriage with two children. Recently, i sent in the form but it was sent back because it was the wrong form plus a creditor has a lien on the property but Lands refused to tell me which form to fill because they're not solicitors. Please help.
Hi,

Is there a mortgage on the property?

Tom
Customer: replied 4 years ago.

yes. It's in my husband's name.

Hi

Thanks for your patience.

If there is a mortgage registered against the property then you will not be able to transfer the property in to your joint names without their consent.

If the lender is not willing to add your name to the mortgage then they only way that you could is if you and your husband received a mortgage offer from another lender in your joint names.

In both of the above cases you would have to have the consent of your husband because he would be required to sign the Land Registry Transfer fee.

There is also the question of the lien. If this is registered as a restriction against the title to the property then their consent would also be required, which they would almost certainly only give if their debt was settled.

If your neither your husband, his lender or the hold of the lien consents to your name being added to the title for the property then you are not going to be able to get yourself added to the deeds.

You can register a notice against the property by executing a Matrimonial Home Rights notice to have your right to reside in the property recognised by anyone with a copy of the title for the register though. You would not need anyones consent for this:-
http://england.shelter.org.uk/?a=333768
This website (Shelter) is a good guide.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 4 years ago.

I already did the home right form but was filled out wrongly. I need advise on how to fill it out.

ok.

Which parts do you want to ask about?

TOm
Customer: replied 4 years ago.

No 's .2, 9 and10

Hi,

2 - You need to download a copy of the register for the property and get the title number from there. If you have not already done so you can get a copy here:-
http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

The title number will be displayed on the "Register Extract" on the first page of the document that you download

9 - You should tick "No" if you have not done this before

10.- If there have been no court proceedings regarding your marriage you should select "No".

Tom
Customer: replied 4 years ago.

Thanks.

No problem.

Tom

Related UK Family Law Questions