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NewExpertAS4920, Solicitor
Category: Property Law
Satisfied Customers: 428
Experience:  Experience in Litigation, Property, Family and Employment Law matters
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My husband is paying 50% of the property from the start of

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JA: Hello. How can I help?
Customer: My husband is paying 50% of the property from the start of the purchase but his name legally included in the purchase how do we can go about legalising this ?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Just to clarify he has paid 50% joint with his parents & only the parents gave their name included in the Morgage
JA: Where is the property located?
Customer: We have not taken any steps yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The only proof he has has is the bank payment going through from the business account on a monthly basis
Customer: replied 17 days ago.
My husband is paying for the property 50% from the start with his parents, but his name is ***** ***** in the property, how do we go about legalising this? The only proof he has is the bank payment going through his business account on a monthly basis.
Customer: replied 17 days ago.
Would it be possible to include his name on Land registry without being on the Morgage & would that protect in terms of IHT & for his own safety ?
Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there may be delays in responding due to assisting other customers.
Customer: replied 17 days ago.
Customer: replied 17 days ago.
Thanks for coming back
Customer: replied 17 days ago.
I can talk tomorrow after 10am
Why was your husband name not added at the time of the purchase? How much mortgage is outstanding?
Are available to talk over messaging right now? If so please continue. The phone call offer is automatic and costs more.
Customer: replied 16 days ago.
My Husband was not added because of his health issue as per the reports from the doctor & that’s the reason they were reluctant to add him to the Morgage
Customer: replied 16 days ago.
The Morgage outstanding is around 500k
Customer: replied 16 days ago.
Hi, is there anyone to help please
Thank you for your responses. I have had technical issues.
It is not possible to add your husband's name on the title deeds without informing the lender.
Your husband's parents would need to transfer the property into his name and your husband will need to remortgage the property in his name.
If your husband is unlikely to be offered a mortgage in his name, then your husband's parents can gift the property to your husband under their will.
Please feel free to ask follow up questions
Customer: replied 16 days ago.
If not included in Morgage, will my husband not have to pay IHT OR CGT,
Customer: replied 16 days ago.
How can he avoid IHT OR CGT ?
Are you available to discuss this over phone?
There is an additional charge of $26
NewExpertAS4920 and other Property Law Specialists are ready to help you
Customer: replied 16 days ago.
I can’t talk over the phone
Customer: replied 16 days ago.
Can my husband include his name on the land registry by informing the lender while his name is ***** ***** Morgage ? What are the procedures for this ?
The lender will not agree to that. By adding your husband's name on the register it effectively means he is the legal owner of the property. And a loan can only be made to the legal owners of the property not third party.
you cannot simple 'add' his name. A transfer of the property will need to take place as set out above
Customer: replied 16 days ago.
What if the parents agree to it & we show the proof of my husband paying for the property to the lender, can he not be included in the register without remortgaging the property?
Customer: replied 16 days ago.
My husband & parents agreed verbally that he is 50% Legal owner of the property when he started paying. Would the lender agree on the basis of parents sign a document of agreement that my husband has been Paying & he is 50% the legal owner of the property?
Unfortunately no.A lender checks the credit worthiness of an individual before lending. Unless your husband is credit worthy and is able to afford the mortgage either solely or jointly with his parents the lender is unlikely to make an offer. If there is a lender who is willing to lend then a transfer and remortgage will need to take place. Past payments of his contributions does not guarantee future payments.
Customer: replied 16 days ago.
If we do remortgage the property, can the transfer & Morgage name be only for my husband or the parents need to be in the Morgage?
If a lender is willing to make a mortgage offer solely in your husband's name And if your husband parents are keen to give up their rights in the property then yes the transfer can be in his sole name.
Customer: replied 16 days ago.
If both parents do not agree to give up their rights, does that mean my husband gets a third of the right or he can apply for his 50% in writing ?
Unless the parents agree the property will not be transferred in his name. If he wants to claim his rights he will need to take a legal action.
At that stage he can rely on the verbal agreement and his past payment contributions.
I believe that answers your query. Best wishes
Customer: replied 16 days ago.
Thank You
Customer: replied 16 days ago.
Appreciate your help
My pleasure