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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2680
Experience:  Freelance Solicitor at Self Employed
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We have been in our property for 26 years and we decided to

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Hello, we have been in our property for 26 years and we decided to purchase it on the council right to buy scheme. My mother in law provided my husband with a personal loan to buy the property as a mortgage. They would only do this if I took my name off the tenancy and the loan would be in my husbands name solely.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: 5 years later, they come to renew the mortgage, and they have now found out I put a charge on the property under family law to protect myself. and they want me to take it off.
JA: Where is the property located?
Customer: Worcester wr49tt
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i want to know if I should do this, I’m concerned that I’ll lose my rights to the property, there are a lot of red flags. The mortgage is all above board legally, and they previously have a charge on the land register. They are not happy they have to get consent from me and they want me to remove it before proceeding further with the renewal fir a further 10 years. They said I can put another charge on after it’s been sorted but I don’t trust them to tell me the truth. I need some advice on what to do please

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 15 days ago.
Ok thank you

Hi there,

It is not advisable at all to remove your home rights from your matrimonial home. If your mother in law is providing your husband with a personal loan for the purchase, then she would be able to do so even if the property is jointly held.

Customer: replied 15 days ago.
Thank you. They are refusing to go ahead with the renewal if I don’t do this. What would it mean if I did do this? Can I put a charge back on after their new charge?

Your mother-in law can put a second charge on the property, but for that, you do not have to remove your home rights .

Customer: replied 15 days ago.
I know and I’ve already said I’ll give consent but they are adamant that to proceed I need to remove it. I would like to know what it would mean if I did and can I put a charge back on myself afterwards?
Customer: replied 15 days ago.
I would like to be informed of all options and consequences if there is any for me.
Customer: replied 15 days ago.
If this mortgage isn’t renewed we will be forced to sell the house and pay them off as specified in our contract

If you remove your home rights, the owner, your husband can transfer the home to any one else or your mother-in law , without your consent. So , not sure what they are intending to do here.

As explained above you do not have to remove your home rights, as it is not stopping them to add a second or third charge to the property.

However you can remove your home rights and add it again later on.

Customer: replied 15 days ago.
Ok so it would only be down to my husband? They cannot do anything themselves without us knowing? Can I put my charge back on after o can they stop me from doing that?
Customer: replied 15 days ago.
I would like to take the advice of not removing my rights, how do I go about giving consent officially, is there a form I need to fill in for them?

Matrimonial home rights, are a statutory right to protect your interest in the home you lived in when you were married or in a civil partnership, but where you do not own the property. they can not limit or exclude it or prevent you from registering them.

You need to sign consent forms given by the mortgage company.

You do not have to do anything else.

Customer: replied 15 days ago.
Ok so that will make it difficlt if I have to get a consent form from them when they are adamant they want me to remove it! Is there another way?- a form off the land registry website fir eg?

Is it the Lender ( mortgage company ) or your mother-in law /husband are adamant?

Customer: replied 15 days ago.
My mother in law is the mortgage provider, and it’s her and her husband who are adamant,
Customer: replied 15 days ago.
My husband and I are on the same page

Right, then you and your husband need to go to other lenders/banks for mortgage.

Again , you should not and do not have to remove your home rights.

Customer: replied 15 days ago.
Also why would their solicitor advise them to get me to take off my charge rather than get consent?

Their solicitor is protecting their loan, if your husband fails to repay them back, then they can sell the house to recover the loan .

However, if you have registered your matrimonial home rights then they can not sell the house without your consent.

Customer: replied 15 days ago.
Oh I see, ok thank you so so much for all your help, I really appreciate your guidance. I don’t think there is anything else I need to clarify. Thanks again and take care
Customer: replied 15 days ago.
Oh one more thing

Yes please.

Customer: replied 15 days ago.
I’m not in the contract it’s just between my husband and his mom. If anything happens to my husband ( god forbid) would I be responsible for repaying the mortgage as they’ve told me to look into insurance just incase

You are not responsible for the personal debt of your husband.

However, here it is your home, so the creditor( your mother-in law ) can approach court to sell the house to recover the loan amount given to your husband.

So, yes having an insurance works as a safety net, in case things go wrong.

Customer: replied 15 days ago.
Ok thank you very much for all your help you’ve really helped me with regards ***** ***** situation to see more clearly
I think that’s everything

My pleasure.

Thank you for using Just Answers. Best wishes.

Vineet S and other Property Law Specialists are ready to help you
Customer: replied 15 days ago.
Thank you take care