News10 mins ago
Property Ownership - A Verbal Agreemet
My Scenario:
Mr & Mrs Endit get married to each other in 1995. They obtain their first mortgage & buy a property together. They live in it without any children.
Mrs Endit agrees that it would be better for the elderly parents of her husband, Mr & Mrs Hoap to live in a ground floor house and in a safer area.
However, her elderly inlaws could not get a mortgage due to their age so Mr & Mrs Endit decide to get a 2nd mortgage to buy another property for the elderly folks to have & live in. This 2nd mortgage is paid in full by Mr & Mrs Hoap, from their own savings & investments. They also provided 30K deposit.
As far as the Lenders & The Land Registry are concerned, the property is jointly owned by Mr & Mrs Endit, because they got the mortgage in their names. However, Mr & Mrs Hoap want to have the property tranfered onto their own names but Mrs Endit will not agree, despite her not having made any financial contribution when buying the property.
It was agreed that the 2nd mortgage would be taken so that Mr & Mrs Hoap could buy this house. Can Mrs Endit be made to sign over the deeds on the basis of the original verbal agreement & the fact that she has not contributed financially in any way & what can be done legally to make this happen?
Mr & Mrs Endit get married to each other in 1995. They obtain their first mortgage & buy a property together. They live in it without any children.
Mrs Endit agrees that it would be better for the elderly parents of her husband, Mr & Mrs Hoap to live in a ground floor house and in a safer area.
However, her elderly inlaws could not get a mortgage due to their age so Mr & Mrs Endit decide to get a 2nd mortgage to buy another property for the elderly folks to have & live in. This 2nd mortgage is paid in full by Mr & Mrs Hoap, from their own savings & investments. They also provided 30K deposit.
As far as the Lenders & The Land Registry are concerned, the property is jointly owned by Mr & Mrs Endit, because they got the mortgage in their names. However, Mr & Mrs Hoap want to have the property tranfered onto their own names but Mrs Endit will not agree, despite her not having made any financial contribution when buying the property.
It was agreed that the 2nd mortgage would be taken so that Mr & Mrs Hoap could buy this house. Can Mrs Endit be made to sign over the deeds on the basis of the original verbal agreement & the fact that she has not contributed financially in any way & what can be done legally to make this happen?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.No. Mr and Mrs Endit have equal ownership rights, I don'rt think it matters who paid the mortgage- they are a married couple and contributed equally, albeit in different ways.
I don't see why the elderly Hoaps (surely they are Endits also) would want their name on the deeds anyway- unless Mr Endit is planning to escape from Mrs Endit and wants to take as much as possible.
I don't see why the elderly Hoaps (surely they are Endits also) would want their name on the deeds anyway- unless Mr Endit is planning to escape from Mrs Endit and wants to take as much as possible.
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