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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26822
Experience:  Senior Partner at Berkson Wallace
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Create charge on registered land, Hampshire, None, no

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create charge on registered land
JA: Where is this? It matters because laws vary by location.
Customer: Hampshire
JA: What steps have been taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

I will need all the background in order to advise you on this matter - thank you
Customer: replied 15 days ago.
We married in 1999, I moved into my wife's house which is registered in her name. She is now in a care home with dementia, I have Power of Attorney. Since 1999 I have spent around £50,000 paying off my wife's mortgage and improving the property.I have two questions:- 1. How can I ensure that when the property is sold by my wife's children I or my children can recover the £50,000 from the sale proceeds; 2. Can I claim a share of the house by virtue of it being the matrimonial home for 23 years?

Your financial interest in the property is exactly the same whether it’s in your name, her name, or joint names.

A non-owning spouse needs to immediately register a Matrimonial Home Right Notice against the property.

It will stop the other spouse spouse selling or remortgaging the property.

The form to send to the land registry is here:

https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

the owning spouse spouse will get notice of the application but cannot do anything about it if this is the matrimonial home.

The application is free.

It is the matrimonial home and it doesn’t matter whether it’s in one sole name or the other sole name or joint names, each spouse has the same financial interest in it.

The name on the deeds is irrelevant if the couple are married. It may not necessarily be 50-50 because that depends on a whole variety of different facts such is the needs of the parties, the length of the marriage, needs of children et cetera.

That ceases on divorce or death but nonetheless you still have a financial interest in the property.

The problem for you is that your wife cannot create a charge in your favour over the house because she has dementia.

If you wanted to create a charge over the house under the power-of-attorney you would need the consent of the Court of Protection to do so. It’s worth asking but I think that unlikely to agree even in these circumstances.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 15 days ago.
I have sent two follow-up questions to Stuart.

Thank you. I will look now.

Meanwhile, if you don’t have any further questions on this thread, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 14 days ago.
I still have some questions. Can you help?

I haven’t seen any extra questions with my name on but I’m happy to answer any new questions on a new thread or clarification of anything on this thread.

Hello again. If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months

And of course I’m happy to answer any questions on your new thread.

. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart

Complete, unless anything else need clarification. Regards

Customer: replied 14 days ago.
Hello Stuart. If my wife predeceases me my Home Rights end. Does one have to continue them under the Family Law Act 1996?

You are correct that the Matrimonial Home Right of occupation ends on divorce or death of a spouse. But there would then be the divvying up of the estate.

So it’s dealt with in respect of the settlement of the estate/probate rather than under Family Law.

Customer: replied 13 days ago.
Thanks Stuart.I would be grateful if you could clarify:-
1. If my wife predeceased me, does my registered right to stay in the matrimonial home cease to have effect? i.e. if my wife's children wanted to sell the house would I have to move out?
2. If I predeceased my wife would my children have any claim to some of the proceeds when the house is eventually sold?

Yes, the matrimonial home right ceases on death or divorce. I already said that in the previous reply.

What happens to the house depends on whether your wife is written a will and what is in it or whether she dies intestate because if she dies intestate spouse gets the first GBP270,000 of the estate +50% of the remainder and children get the other 50%.

If she has not left you adequate provision in her will, then you have a claim to make under the Inheritance Provision for Family & Dependents Act and that could include the right to live in the property for life.

If you are thinking that there is a lot of uncertainty here, you are right. The only thing that would provide any certainty would be if your wife had written a will leaving adequate provision for you.

If you predecease your wife, then the same applies in reverse.

If you haven’t already done so, you need to sever the joint tenancy on the property otherwise if you die, the local authority are going to grab everything apart from GBP23,000 to pay for her care.

You need the title deeds. If you haven’t got them already you can get them from the land registry.

You can get the title deed and the plan quickly and easily by using this link:

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan. You do not need the plan

You will then have them in minutes if not seconds.

You are looking for a restriction in section B, the Proprietorship register along the lines of “no disposition by a sole proprietor is to be registered et cetera et cetera

if that restriction IS in there, then the property is held as tenants in common and there is no need to do anything.

If it is NOT there then you need to give your co-owner a one line letter referring to the property and say that you hereby sever the joint tenancy of the property. Simple.

Then, submit land registry form SEV to the land registry. There is no free. They will then insert the restriction in the property which converts the property to tenants in common.

Here is the form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/449784/SEV.pdf

Your co-owner can do nothing about it.

Regards

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 12 days ago.
Thank you again Stuart. It seems odd that my Home Rights cease if my wife predeceased me; that is just when I might need those rights. My will provides for my children to inherit all my property and my wife's will provides for her children to inherit all her property. The house is owned by my wife. Thank you for referring me to the '75 Inheritance Act; I did not know that Act could help me to remain in the matrimonial home for my lifetime. If that is the case, I feel you have given me all the help I need. Best wishes, Alan. P.S. I am receiving countless calls from BT in connection with my enquiry to you. Can you explain these? Will they ever stop?

Under the Inheritance Act, there is no right to live in the house. But there is the right to have ample provisions and as it appears that your wife has left you nothing, and everything goes to her children you almost certainly have a claim and it’s not going to be the right to live in the house for life, then it could be large financial sum.

If you Google the Act, it will give you lots of articles on how it works.

Stuart J and other Law Specialists are ready to help you