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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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, Me and my partner have a house which is ours but legally

Resolved Question:

Hi,
Me and my partner have a house which is ours but legally my brother in-law is the owner but we have funded it and paying the mortgage too but now I am wanting to put a charge/trust deed.
Could this be possible as we have 3 children too who are very young, we are looking to buy this from him in 14 months time as my husband was made bankrupt only then we can buy but until then I would like to secure our home in such a way that he cannot sell it without our knowing so.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Is your brother in law happy to assist you in securing a financial interest in the property by signing the required paperwork?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 2 years ago.

Thank you for getting back to me so quickly.

My brother in-law is ready to do this. My husband has made him aware of this he's done his side of research, came back to us saying there wasn't no such paperwork anymore hence I've come to with some hope.

Many thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

It won't be possible for you to obtain a Charge over the property (as the Mortgage Lender would need to consent to this).

However, provided brothe rin law is happy to sign the appropriate form (Land Registry Form RX1), a Restriction can be registered against the property. A Restriction basically prevents him from selling the property without your consent in that an entry will be made on the Land Registry title.

This does give you protection until such time as you are able to acquire the property.

This is a simple enough Form, which you may wish to get a local Solicitor to prepare on your behalf, and which would need your brother in law's signature.

I hope this assists and sets out the legal position.

Kind Regards

Al

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