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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can an illegal immigrant buy property in uk?

Customer Question

Can an illegal immigrant buy property in uk?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

There is no immigration status check carried out by the lawyer who would act for the person or by the land registry who would register the buying of the property.

So, yes, it's possible.

However, if the person requires a regulated high street mortgage in order to finance the purchase of the property then it probably will not be possible. This is because the lender would require confirmation of the person's immigration status and most require that the person has indefinite leave to remain. If they do not have this confirmation then they will not issue the mortgage offer.

So, yes, if they are a cash buyer but no if they require a mortgage, basically.

Kind regards.

Tom


Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Thomas Hi how can I prove that the money that was used to purchase was from my ex husbands he on only used his brother name to purchase. His illegal brother did not contribute he only used his name.
Can I take this matter to court?
Asma
Expert:  Thomas replied 2 years ago.
Hi Asma,

This is a different question really, but I will answer.

Unless there was an agreement stating that the contributer owned a percentage of the equity in the property (the agreement is called a "declaration of trust") even though they were not named as the registered owner, then the only way of claiming is by litigating at court.

This means that you would have to lititgate claiming an interest uner the Trusts of Land and Appointment of Trustees Act. It's very, very complicated and you would have to instruct a solicitor to act on your behalf. There is no legal aid so you would have to pay the legal fees yourself. These can run in to in excess of £10000.

However, the fact that they do not have status in the UK would not matter.

Kind regards,

Tom
Customer: replied 2 years ago.
Hi Thomas, sorry there is properties involved one in my ex husband name two in his illegal brothers name. How can I found if declaration of trust agreement was made on both properties in his brother name. I am making a claim on one property which is in ex husbands name also claim on two in his brothers name. There is definitely an agreement done between the two brothers to hide assets from me. For me to avoid making a claim?
Asma
Expert:  Thomas replied 2 years ago.
Hi

Only your ex-husband and illegal brother would know if a declaration of trust was made. They would both have to execute it for it to be valid.

There is no other way of finding there is an agreement in place I'm afraid. You can attempt to claim at court and put them in front of a judge where it would be a criminal offence to lie though, this is the only way.

I have to go out now I'd afraid.


Tom
Customer: replied 2 years ago.
Thank you very much
Kindest regards
Asma
Expert:  Thomas replied 2 years ago.
You're welcome.

Tom
Customer: replied 2 years ago.
Hi Tom Can I ask you a question if I need your advice next time in this matter?
Asma
Expert:  Thomas replied 2 years ago.
Sure, just request me via my profile. .
Customer: replied 2 years ago.
Good morning, Do you give advice on family law?
Asma
Expert:  Thomas replied 2 years ago.
Hi,

There are other experts better at family law than me. If you post a separate question they will answer.

Tom
Customer: replied 2 years ago.
Hi, if ex husband refuses to disclose his accounts will I have to apply at court?
Many thanks
Asma
Expert:  Thomas replied 2 years ago.
Well, yes, that would be your only option..

Tom
Customer: replied 2 years ago.
Hi, is there a reason why he is not cooperating and is prolonging and aso not coming to reasonable resolution?
Will this go against him in court. My solicitor has applied the home right on the property in his name but its difficulit he is not being truthfull that he made contribution to other two properties.
Many thanks
Asma
Expert:  Thomas replied 2 years ago.
Hi,

I don't if there is a reason for why he is not cooperating. If you have instructed a solicitor then you really (really) need to listen to them and put these concerns to them.

They know the specific details of your position much, much better than me..

Tom
Customer: replied 2 years ago.
Thank you
Expert:  Thomas replied 2 years ago.
You're welcome..

Tom
Customer: replied 2 years ago.
Hi, ex husband has stopped instructing his solicitor to act for him. He must of told them the truthbas result they can no longer act for him. Can I apply for issue court proceedings against ex husband?
Asma
Expert:  Thomas replied 2 years ago.
Hi,

I don't know, Asma.

You need to speak to a family solicitor about this locally to you.

Tom
Customer: replied 2 years ago.
Ok thank you will do!
Asma
Expert:  Thomas replied 2 years ago.
No problem

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