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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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is the named title holder on the deeds the total owner or are

Resolved Question:

is the named title holder on the deeds the total owner or are they joint if married?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,
Is the title holder the only person named as registered propreitor on the land registry title register for the property? (ie. did they buy it in there sole name and have not transferred it to their spouse)?
Kind regards,
Tom
Customer: replied 3 years ago.

it was gifted to them by my father but only my husbands name put on the deeds.

Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your reply.
Was a declaration of trust executed (ie a formal written document signed as a deed) declaring that you had an interest in the property?
Do you live at the property as your family home?
Tom
Customer: replied 3 years ago.

the property is a parcel of land on its own the only document we have is a land registry title just in my husbands name.

Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If the title register is in your husband’s name then the legal title to it is owned by him alone. This means that he can sell/mortgage the property as he wishes at the moment.
A person can have a beneficial interest in the equity in the property even if they are not a holder of the legal title. However, if you did not have a declaration of trust completed in your favour then you would not have this type of interest at the moment.
Married couples can register a notice against their residential family home, but if you do not live there then you would not be able to do this.
Obviously, if you were to divorce then the house would be a matrimonial asset which would be included the assets pool of things that you respectively own and you would have to seek settlement of the whole asset pool.
Until such time as you prove an interest in the property then both the legal title and the beneficial title would appear to be your husband’s alone.
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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