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Hi Mr Graham,I wondered if you could kindly assist with the

Hi Mr Graham, I wondered if...
Hi Mr Graham,
I wondered if you could kindly assist with the following question also:
Can a person apply to buy a property while on a spouse visa or when they only have 4 months left to apply for indefinite leave to remain. Also, can a search be made to enquire whether a person has property capital just by searching their name, dob etc via the land registry or any other method?
Many thanks
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Answered in 8 minutes by:
5/8/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi,

Thanks for your question.

There is no restriction legally, as such, against a person buying a property whilst they are on a spouse visa but there is a practical problem.

This is that if a person is proposing to buy a property with assistance of a mortgage lender (ie. with a mortgage) then it’s unlikely that the company will accept the application if they do not have indefinite leave to remain in the UK. This is because without ILR it’s possible that the UKBA may compel the person to be removed from the UK. This would mean that there is a much higher probability that the person may default on the mortgage. I would not expect most high street lenders to lend to a person without ILR, but it may (just about) be possible if the mortgage was very, very small because it’s an individual decision to be taken by each lender.

If he does not have ILR or access to his own capital to purchase the property as a cash purchase then it’s highly unlikely that he’ll have bought a property whilst here on a spouse visa.

The Land Registry in the UK holds records of all registered titles for properties. They do not allow people to search against other people simply upon request because there are privacy/data protection issues to think about. You can search individual properties by downloading a copy of the register from their online search facility though:-
eservices.landregistry.gov.uk/wps/portal/Property_Search

They will only carry out a search by name if ordered to do so by a UK court as a result of litigation (eg. Ancillary relief proceedings in divorced).

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. You will not be charged any further money for clicking accept.

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
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Customer reply replied 5 years ago
Dear XXXXX,

I believe my husband is attempting to buy a property with a lender at present and is also trying to convince me to buy it jointly with him which of course I will not be doing for obvious reasons. I believe this may be in an attempt to secure accommodation as he may be doubtful whether or not I would be supporting his spouse application and potentially trying to secure accommodation separately in case he makes a human rights application on grounds that he wishes to remain in the uk to stay in contact with his child.
I have a letter in writing from him stating that he has no interest in my house which I obtained earlier for personal reasons, could this potentially stand in court in case separation/divorce proceedings occurred? (bearing in mind that prenuptial agreements are now accepted) also would I be able to place a charge on the property myself to pay back a gift my own parent made to me earlier to help me buy the property in the first place as I don't want to be left high and dry by a man who appears to have used me for a visa and potentially may also seek to get financial gain from my house too)
I must say, you are by far the most articulate and helpful solicitor I have come across, really do appreciate your advise. Thanks again!
Hi,

When did you purchase your property?

When did you marry your husband?

For how long have you been in a relationship with your husband? (ie. when did you meet)..

Thanks for your kind note.

Kind regards,

Tom
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Customer reply replied 5 years ago
2006

Married in 2009

We met in 2008
Hi,

Okay. If you have been married and know each other for that length of AND you will have residence of the child then it's unlikely that a Court would make an order to give him an interest in the property as a result of Ancillary Relief proceedings in divorce (ie. where you formally involved the court in financial settlement).

So, I think you're okay.

If you have a mortgage on the property then you would have to get their consent to a charge on the property. In my view the property is safe without recognition of their financial contribution, but were you minded to have this relfected it would be easier to execute a declaration of trust with your parents stating the terms of their contribution to the original purchase price and stating that they should have this repaid upon sale. You would not need the lender's consent for this and any local conveyancer can draft it for you for around £150+VAT.

It's legally binding though, so it's enforceable against you so it's not a simple paper exercise.

Trust this clarifies, please click accept.

Kind regards,

Tom
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Customer reply replied 5 years ago
Thanks Tom,

Thank you so much for your help, just one quick question. In practice if he did go onto get ILR through human rights or theoretically through spouse application - they I would imagine he would and could go onto getting joint residence at a later stage, if for example he is unable to buy a property himself? My parents and myself want to ensure that the house is left to my child and not under this crooks hands so could I instead get a form of declaration that either the money and/or the house is solely for my child once she reaches 18 for example as I don't want this man to get a penny from this house if he does later selfishly seek for some form of custody just to get access to the funds from the property?
Customer reply replied 5 years ago
I will definitely leave a feedback rating you as excellent. Im very happy with the level of expertise and genuine interest you take in responding. Thank you so much.
Hi,

I will answer in ten mins, just go t quick meeting!

Tom
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Hi,

You need to divorce him and during divorce get a consent order from the court declaring that the house that you own is your sole property and that it shall remain as such.

You also need to make a Will immediately leaving the house to your son because at the moment if you do not have a Will it would go to him until you are actually divorced.

As stated above it's unlikely that he will be able to make a claim on the property if you acquired it before marriage and have residence of the child. His immgiration positions makes it much less likely that he will be successful in claiming residence of the child (very unlikely in fact).

You really need to see a divorce solicitor privately and give them your specific instructions. You will be fine but your divorce will secure your position and give you peace of mind.


Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 5 years ago
Hi Tom,

If I divorce him now won't that only assist him as it shows that marriage has broken down but since I have initiated it, he won't look like he only married me for the visa? I guess either way he will still get his ILR - but it will be much more easier for him as he will simply go straight to a human rights application to remain instead.

Thanks so much Tom.
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