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Kate&Martin
3rd Dec 2006, 07:53
Hi all,

We are thinking about buying a house in UK. The thing is I'm on the 2 year spouse visa. One year left to get ILR. Does anyone know if I can get a joint mortgage with my husband now? Advices appriciated.

Thanks in advance.

Kate

Kate&Martin
3rd Dec 2006, 07:53
Hi all,

We are thinking about buying a house in UK. The thing is I'm on the 2 year spouse visa. One year left to get ILR. Does anyone know if I can get a joint mortgage with my husband now? Advices appriciated.

Thanks in advance.

Kate

Tobias
3rd Dec 2006, 08:35
The answer is YES and YES!

Kate&Martin
3rd Dec 2006, 09:10
You have made our day, thanks very much

jonchicon
3rd Dec 2006, 12:23
it was not possible for us and my wife had to sign a letter saying that she had no hold on the property if we split ?

BigRed
3rd Dec 2006, 13:29
it was not possible for us and my wife had to sign a letter saying that she had no hold on the property if we split ?

Can you put me in touch with your Lender ;)

BigRed

Tobias
3rd Dec 2006, 14:00
Originally posted by jonchicon:
it was not possible for us and my wife had to sign a letter saying that she had no hold on the property if we split ? That agreement is very likely unenforceable! UK statutory/case law will override that agreement should the worst occur. Was any reason given as to why? Why would the lender be concerned about what happened to you should you and your wife split? The lender's only concern would (should) be whether or not they can take possession of the property should you default.

As always, mortgages (like any other loan) are 'subject to status'. There is no legal 'right' for an individual to be given credit or a mortgage and it is up to the lender to agree to lend or not based on their own criteria.

There is no legal impediment to an individual (who is settled here in the UK) obtaining a mortgage and buying a house.

jonchicon
5th Dec 2006, 05:08
basicly as my wife was not a british citezen at the time of getting the mortgage they would not include her or her salary into the mortgage agreement this was with abbey national

Tobias
5th Dec 2006, 05:35
Thanks Jon for the clarification, do bear in mind that that 'policy' is the policy of that particular bank and its requirements for lending. There is generally no legal bar to a non-British Citizen buying property (jointly or independently) and obtaining a mortgage on it.

I suspect that the document your wife signed (and I hope she was advised to seek independent legal advice on the document) is not that she will forgo any right in the property on the breakup of your marriage (that would be unenforceable) but that in the event of you failing to repay the mortgage (and the property is repossessed) her claim to any interest in the property will be second to that of the bank itself.

These are not unusual. Similar agreements are often requested for individuals who live in the mortgaged property who are 18 or over - it is all about protecting the bank's asset/security.

Joint mortgages are available out there, it just may take a little time to find a suitable one.

jonchicon
5th Dec 2006, 09:40
I think if my memory serves me right that was it word for word
you do know your stuff :clap:

Duncan & Lek
6th Dec 2006, 02:02
Hi,

I don't know if this is of help but Lek and I got a joint mortgage while Lek was on FLR about a year ago.

This was with HSBC and was very easy, maybe it was because she already had a basic bank account with them.

HSBC called a couple of weeks back offering Lek an upgraded bank account with Maestro cards, credit cards the lot. I told them that she didn't even have a passport as it was at IND awaiting ILR and she isn't working now and no problem.

Cheers

Duncan.

Tobias
6th Dec 2006, 03:18
That will certainly offer some welcome encouragement to Kate & Martin :thumb:

They now have a starting point. Kate, FLR will be treated in exactly the same way as your spousal visa (for all intents and purposes they are exactly the same) so good luck in your house and mortgage hunting!

Kate&Martin
9th Dec 2006, 13:32
Thanks again Tobias. We will wait and see what happen.