How do I find out if my ex has taken a secured loan out against the house

[Katiejhiggins]

Hi all,

Not to sure if this is the right forum but you help will me more than grateful. My soon to be ex wife has said in previous conversations that she has taken out a secured loan against the house. She has since back tracked and now is denying saying it. The issue is she never put my name on the mortgage or the deeds but I know I still have some legal rights towards the property.

How do I find out if she has taken a loan out against the house without my agreement and if so where do I stand legally

Thank you for any input

[Guest]

Re: How do I find out if my ex has taken a secured loan out against the house

Hi all,

Not to sure if this is the right forum but you help will me more than grateful. My soon to be ex wife has said in previous conversations that she has taken out a secured loan against the house. She has since back tracked and now is denying saying it. The issue is she never put my name on the mortgage or the deeds but I know I still have some legal rights towards the property.

How do I find out if she has taken a loan out against the house without my agreement and if so where do I stand legally

Thank you for any input

HI

If the loan is secured on the proerty therewill be a charge registered against the title deeds, you can do an onle search here https://www.gov.uk/search-property-i...-land-registry

CostsŁ3

[Guest]

Re: How do I find out if my ex has taken a secured loan out against the house

Sorry missed the second part of your question, if they have taken out a second charge on your property without your knowledge it would have meant forging your signature on several documents, so I am afraid it is a job for the boys in blue, fraud.

[des8]

Re: How do I find out if my ex has taken a secured loan out against the house

What legal rights do you think you have and why?
You will only have a beneficial interest in the property if you can prove that there was a common intention that you should have such an interest and that you relied on that common intention
A constructive trust may have arisen if you have made a direct contribution to the mortgage repayments or possibly an arrangement where you have paid more than your fair share of the other bills which therefore allowed your wife to pay all of the mortgage, as evidence from which a court could infer a common intention.

[Guest]

Re: How do I find out if my ex has taken a secured loan out against the house

What legal rights do you think you have and why?
You will only have a beneficial interest in the property if you can prove that there was a common intention that you should have such an interest and that you relied on that common intention
A constructive trust may have arisen if you have made a direct contribution to the mortgage repayments or possibly an arrangement where you have paid more than your fair share of the other bills which therefore allowed your wife to pay all of the mortgage, as evidence from which a court could infer a common intention.

I presume that both names will be on the first mortgage they will have equal share of title ?

Both signatures would be required before any subsequent charge could be registered.

[meellis]

Re: How do I find out if my ex has taken a secured loan out against the house

As the Op stated one of the problems was that her wife never named her on the mortgage or deeds so legally the wife could do what she wanted.

[Guest]

Re: How do I find out if my ex has taken a secured loan out against the house

As the Op stated one of the problems was that her wife never named her on the mortgage or deeds so legally the wife could do what she wanted.

Oh , i thought she meant that the other party had not put her name on the second mortgage.

[Guest]

Re: How do I find out if my ex has taken a secured loan out against the house

Oh in that case the mortgagor would have a perfect right to second mortgage without consulting the other party,