Registration of Title with Land Registry

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fmcg

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I am a co-owner with partner. We are at the final stages of the purchase and the sol. is looking for us to sign a Family Home declaration confirming we are not married and this is not a family home.
I am not comfortable with this exposure and was wondering if we could have a Deed of Trust and/or Declaration of Beneficial ownership registered with the land registry as alternative protection? I have been reading the land registry sites and citizens advice websites but it is a bit confusing. Are there negative implications of having the Deed of Trust and Declaration of Beneficial Ownership?
 
Hi there,
Are you jointly purchasing the property? If so you need to put a co-ownerhip agreement in place with your partner. There is no need for a declaration of trust/beneficial ownership IMO and a co-ownership agreement can deal with the broader issues.

You should ask your solicitor to prepare a standard document for you both to go through in the company of your solicitor, to amend it so that it matches your specific needs.

I strongly advise you to do this. You have no protection in the event that you do not put this agreement in place, and this website for example is full of posters for whom things have gone wrong, who have no protection, and who need to go to court to get anything done.
 
Thank-you Kate10,
I will now ensure I have a co-ownership agreement before signing any more documents. Yes, I have been looking around this site and its unbelievable how many people are in very sticky situations property-wise and money-wise when they split.
Thanks again.
F
 
I'd have no concern about sighing a family home declaration. It's merely a statement of fact that you are not married and the property is not a family home (it can't be, within the meaning of the Family Home Protection Act, 1976). The reason for the declaration is that transfer or mortgages over the family home can be voidable if done without the consent of the other spouse spouse.

If there are some facts you'd like to keep quiet (e.g. you're married and don't want your new partner to know that you are) talk to your solicitor in confidence and some form of wording can be sorted out that you can sign.

And definitely get an agreement sorted now. It has the potential to make life much simpler if things go wrong.
 
fmcg said:
I am a co-owner with partner. We are at the final stages of the purchase and the sol. is looking for us to sign a Family Home declaration confirming we are not married and this is not a family home.
I am not comfortable with this exposure and was wondering if we could have a Deed of Trust and/or Declaration of Beneficial ownership registered with the land registry as alternative protection? I have been reading the land registry sites and citizens advice websites but it is a bit confusing. Are there negative implications of having the Deed of Trust and Declaration of Beneficial Ownership?
Click to expand...

What exposure exactly do you think you have by signing this declaration?
 
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