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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello,can I raise some money or take out a mortgage on my house

Customer Question

Hello,can I raise some money or take out a mortgage on my house which is in my sole name and is owned outright as I purchased the house in cash 20 yrs ago but my wife has a home rights notice in place at the land registry, will it be an obstacle for me to raise the money or take out a mortgage? we are living together at present.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Law Denning :

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Law Denning :

Why shouldn't you take money out of the mortgage?

Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to help you
I am afraid that if you do wish to re mortgage the property then you will need the knowledge and co-operation of your Wife as the Mortgage Company will wish to be sure that their rights are enforceable against her and will want her signature - and the Home Rights Notice will alert them to her presence and claim on the property.
I hope that this is of assistance - please ask if you need further details