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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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In process of buying a flat from a housing association via

Customer Question

In process of buying a flat from a housing association via buy to let. Mom's main tenant, mortgage is in my name only, and we're purchasing jointly.
Our solicitor has sent us a pre-filled TR1 to sign and return. Q10 is not filled, and the guidance notes suggest it should be filled where there is more than one transferee. According to http://youtu.be/nIpPHDUAae4?t=8m25s, is this section is left blank, a Form A restriction would apply.
Based on the information given on https://www.gov.uk/joint-property-ownership, mom and I are purchasing as 'Joint tenants', so shall I tick the first box? I asked my solicitor whether I should tick this box, but haven't had a reply. Do we need to check with them before ticking this box?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I shall do my best to help you but I need some further information first
For clarity - both your names are ***** ***** TR1?
Clare
Customer: replied 2 years ago.
Hi Claire, yes both our names are ***** *****
Expert:  Clare replied 2 years ago.
Hi
How have you agreed to share the Mortgage and the eventual proceeds of sale?
Clare
Customer: replied 2 years ago.

Hi Clare

I'm getting 100% mortgage as mom is a retired pensioner. She is happy to contribute towards deposit and mortgage, however, I've sufficient funds for the deposit and can afford mortgage repayments from my salary.

We currently reside in the property we're buying and will continue to live here, so there is no planned 'eventual sale'. If in future the house is sold, happy to share the proceeds.

Expert:  Clare replied 2 years ago.
Hi
Are you both happy that in the event of your death the house will pass to the other no matter what you Wills say?
Clare
Customer: replied 2 years ago.
Yes, we're both happy with that.
When there's just one owner left and dies, will the property pass on to their children? Or does there need to be a will? Or add more owners in future with agreement of current owners?
Expert:  Clare replied 2 years ago.
Hi
For clarity the position is this.
If you hold the property as beneficial joint tenants when the first of you dies the whole house then belongs to the other owner who can do with it anything they wish.
If you hold as Tenants in common then you each own your share of the property and when the first person dies then that share will pass to whoever the deceased has appointed in their Will
So if you are happy with the first option you can tick the box.
If not then you can leave it blank!
Please ask if you need further details
Clare
Clare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks Clare, you've clarified things.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare