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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We are buying a property , in our daughter's name, and her

Customer Question

We are buying a property , in our daughter's name, for her and her partner (and eventually-baby).
It's solely in her name so that he will still have assistance from Government wit help to buy ISA.
He has been advised by our solicitor, who has drawn up a private mortgage form CH1, sign an occupier's Consent and Postponement Deed. Is it necessary in this case? We don't want them to spend money unnecessarily but nor to leave him vulnerable or in jeopardy!
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

The private mortgage is of course required, to protect your financial interest in the property. As the property is to be purchased in your Daughter's sole name, only she will sign the CH1. Hence, it will indeed be necessary for her partner to sign an Occupiers Consent/Deed of Postponement,as he will not be bound by the terms of the CH1 and by signing, it is giving you the required protection in the unfortunate and unlikely event of a dispute in the future.

Therefore, your Daughter's Solicitor is correct in what he is doing.

I hope this clarifies matters, but please let me know if I can assist further.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Can I assist any further?

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, can I assist you any further? Kind Regards Al