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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12626
Experience:  I have been practising for 30 years.
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My daughter boyfriend is buying a property and she hasn’t

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My daughter boyfriend is buying a property and she hasn’t gone on the mortgage due to her being at uni . She has been asked to sign a deed of consent by the solicitor and the solicitor has sent the email to the bank . The problem is he is down as a sole occupant when applying for the mortgage .? Can the bank now refuse to lend the money as my daughter didn’t want to be named in the property until she is fully ready to move in with him ? Thanks Tracy
Assistant: What steps has your daughter's boyfriend taken so far? Have they prepared or filed any paperwork?
Customer: Completion set for 10 may
Assistant: Where is the property located?
Customer: Bolton England
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Good afternoon. I will assist with your question - be aware this is an email not chat service.

and she has explained this to him?

Customer: replied 26 days ago.
Hello sorry has she explained to whom?
Customer: replied 26 days ago.
Is this additional to the 26 pounds paid ?
Customer: replied 26 days ago.
Hello sorry I’m not sure I’ve understood this site ?

The document that she is being asked to sign goes under a variety of names but it is actually a “non-owner occupiers consent to mortgage”.

If she lives in the property and she doesn’t sign it, he will not get the mortgage. Simple.

This document is quite normal and it’s not Draconian except to say that she is giving up her rights to occupy the property in the event that he does not pay the mortgage and the property gets repossessed. Simple.

Otherwise it doesn’t have any other effect.

It would be unusual for the bank to refuse to lend in the circumstances provided she signs the form. The fact that it has come from the solicitor would point to the fact that the mortgage is ongoing.

The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.

We can continue on here.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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Customer: replied 26 days ago.
If at a later date they get married would she still have no right to the property ?

please note, this Non-Owners Declaration is for lenders purposes only. If she has contributed to the property, she may still have a financial claims made against the property notwithstanding that declaration.

Getting married is a game changer. It changes things completely and the longer they are married, the more right nonowning spouse has over property. Once again, the Declaration is not relevant to a relationship or marital claim.

In fact, a nonowning spouse can register a matrimonial home like notice over the property (easy and free) which confirms their right to live in the property and will in effect, prevent it being sold.