Family home declaration

[ipxl]

We've filled in the majority of legal docs regarding our mortgage.
Married couple , both names on mortgage application, house is
currently under construction and we haven't yet drawn down
funds for stage payments.. hence getting the mortgage application
completed.

One of the forms we have to fill in is called
"declaration of husband and wife that property is not the family home"

I understand this really relates to the current situation while the
build is underway. I understand also that as soon as we move into
the property legally it becomes the family home. I'm guessing
it has something to do with protection of the house being disposed
while being built,etc.

Can someone explain what the purpose of this form is.
Our solicitor was out of office today and I'll catch up with her tomorrow.
I just was wondering if any legal eagles, etc here could explain what
the purpose of the form is in terms of a fresh mortgage application.

 

[MOB]

If property is a family home, and in the sole name of one spouse, it cannot be mortgaged or sold without the consent of the (non-owning) spouse. Obviously, where it is in joint names, both spouses have to sign anyway.

The land registry will not register a property transaction of any sort without evidence that either:
a. It is a family home and the necessary consent has been given OR
b It is not a family home, so consent is not needed.

The declaration you signed provides such evidence.

 

[ClubMan]

I presume that MOB has helpfully explained things here but surely your own solicitor should be answering such questions for you?

 

[ipxl]

I presume that MOB has helpfully explained things here but surely your own solicitor should be answering such questions for you?

Yes. MOB has explained it very clearly.
My solicitor had explained it to me approx 2 weeks ago and I thought
I understood it but when I went to return the forms amnesia set in

The solicitor was unavailable yesterday and I just wanted to refresh
my memory as to the exact purpose of the form (i.e land registry
requires it as part of ensuring a more swift processing of the transaction
as part of a new mortgage application)

thanks all