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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir / Madam, I signed to my husband his mortgage the

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Dear Sir / Madam, I signed to my husband his mortgage the value £ 162,000. Perhaps, that I received this letter below: We have been instructed by the Woolich to act in connection with a proposed remortgage of the above property and understand that you are an adult occupier. It is a condition of the mortgage offer that you agree to The Woolich taking the mortgage over the property and that you postpone any rights or interests that you may have in the property in their favour. If you have any queries of misgivings regarding this, we would recommend that you seek independent legal advice as soon as possible. Assuming that you are happy to proceed, you must sign the consent to mortgage/occupancy form which is enclosed with this letter. You should sign the document in the presence of an independent witness (not a relative or parties to the mortgage). The witness should then sign the document and add his / her name, address and occupation where indicated. The fully completed Occupancy Form should then be returned to us. We look forward to hearing from you (or alternatively your solicitors should you opt to seek independent legal advice) as soon as possible. What does it means? If I refused to sign this letter, what will happen. Thank you. Giovana
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Are you presently named as registered proprietor of the property (ie. do you jointly own the property with your husband)?
  • 2. If so is there a reason you a transferring it to his sole name

Kind regards.

Tom

Customer: replied 3 years ago.
I am not registered as proprietor of the propriety . This house he bought before our marriage happen. We did not pre nuptial before or after our marriage. I just signed this document (his mortgage)because he told me that I was marriage with him, but I was not expecting to receive this conveyancing letter.
Expert:  Thomas replied 3 years ago.

Hi Giovana,

 

Thanks for your question.

 

The document they are asking you to sign is a standard form document from the lender with whom your husband is remortgaging, it is called a deed of postponement/consent (or similar).

 

It is require in order for your husband's remortgage to proceed, it will not without it. By signing it you are saying that you do not hold and will not acquire any interest in the property in priority to their charge. It means that you acknowledged that their charge comes first on the property (ie. a "first call") and you will not claim that your interest is ahead of theirs.

 

It does not affect you in terms of matrimonial financial settlement upon divorce since this is always over the equity in the property after subtracting the mortgage debt from the value of the property. You rights in this regard will be unaffected in terms of what you would have been entitled to without signing the letter and what you will be entitled to if you do sign the document.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
I would like understand why reason in this letter, I was not mentioned as wife, but as adult occupier instead?


Expert:  Thomas replied 3 years ago.

Giovana,

 

That's just the terminology used, it's a standard form document. Wife/mother/sister would all be referred to as "adult occupier".

 

Thanks for your accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for your help. I am appreciate it that.

Giovana Emery
Expert:  Thomas replied 3 years ago.
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