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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10551
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can I put a charge on a joint owned property, without the permission

Resolved Question:

Can I put a charge on a joint owned property, without the permission of my husband who left me seven years ago, I have no contact with him? I need to extend the property to accommodate my aging Mum, who is providing the funds for the extension and I need to secure her money.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer. My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that any private Mortgage or Charge can only be registered at the Land Registry unless both you and your husband were to enter into the Charge.

Did your Mother definitely require a Charge before agreeing to lend to you?

Kind Regards

AL

Customer: replied 3 years ago.

My Mum is going to pay for the extension to my house using her own money, as she is elderly and needs care. I want to find out if I can secure her money with either HM charge or other type of charge against the property, without my husbands signature or permission.

Expert:  Aston Lawyer replied 3 years ago.
Hi Lynne,
Thanks for your reply.
If your Mother does wish security, I'm afraid she won't be able to get a Charge registered against your property.
The best you would be able to do is to prepare a Declaration Trust, setting out the details of the monies lent to you. This would be evidence of her "financial interest" in the property and coupled with you and your Mother keeping evidence of the loan/details of the work carried out, this would go a long way to prove to your estranged husband as and when the property is eventually sold or otherwise dealt with.
I am sorry this is not the answer you were looking for, but sets out the legal position.
Kind Regards
AL
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