Can someone put a charge on my property without me knowing?

Yes, it happens. Sometimes a court decision or settlement results in a lien being placed on a property, and for some reason the owner doesn't know about it– initially. For those of you who are unfamiliar with liens, know this: liens are something creditors attach to a property title that says, “You owe us money.

How can someone sell your house without your knowledge?

Property fraud takes place when fraudsters try to 'steal' a property, most commonly by stealing the homeowner's identity and selling or mortgaging the property without the owners' knowledge. The fraudsters then disappear with any capital gain leaving the genuine owner to deal with the unfortunate consequences.

What is a charge on a property UK?

A charging order secures a debt you have with a creditor against your property. This means if you sell or remortgage your home before the debt is cleared the charging order will be paid off from the proceeds. A creditor can only get a charging order if they already have a County Court judgment (CCJ) against you.

Can you sell a house that does not belong to you?

Can you do that? The simple answer is “no.” You cannot sell off someone else's property to make up for your loss; that is theft.

Can you remove someone from a deed without their knowledge UK?

In general, a person cannot be removed from a deed without his or her consent and signature on a deed.

Can someone put a lien on my housing without me knowing?

How do I take someone off the deeds to my house?

To remove someone's name from a property deed, the following steps must be taken: an application must be made to change the register - using Form AP1. if transferring the entire property, Form TR1 must be filed with the Land Registry. For more information, read How to fill out Form TR1.

What are my rights if my name is not on a deed UK?

In single name cases (as opposed to situations where both owners' names are on the deeds) the starting point is that the 'non-owner' (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest”.

Can you be forced to sell a jointly owned property?

In cases of joint ownership or tenancy, neither can remove the other unless an exclusion order is obtained from the court. If one spouse or civil partner wishes to sell the family home and the other does not, then an application will need to be made to court.

Can you sell a property without the deeds?

In short, yes you can sell your house without the deeds, however you must be able to prove through other means that you are the owner of the property. As the deeds are the assortment of documents which usually prove ownership, proving it without them can be a more protracted process, but it is by no means impossible.

Can my ex sell our house without my consent?

Yes, if you are worried that your partner may sell or give away property or get a new loan without telling you, the Court can make an urgent order (injunction) to stop this happening until a final decision is made about your property. This includes property which is owned in the sole name of your partner.

Who can put a charge on a property?

First, your creditor informs the court that you either fully or partially own your house/property. If they manage to prove that in court, and if your creditors are eligible to put a charge on your property, the court will issue an interim charging order towards you.

How do I remove a charging order from my property?

Paying off a charging order

Ask the court for a certificate of satisfaction on your CCJ and include evidence of payment. Creditors will usually inform the Land Registry that the debt has been paid so that the charging order can be removed from your property.

Can I sell my house if there is a charge on it?

So, here's the thing; if you have a charge order against your property, you can sell it whenever you want. However, this is subject to the availability of sufficient equity in the property to cater for the charge fully.

Can a jointly owned property be sold by one owner?

1. A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property. 2.

Can a transfer of property be reversed?

Legal provisions governing gift of property

Gifts are governed by the Indian Contract Act, 1872. The law provides that any gift that is made and accepted by the donee, is final and cannot be revoked later on.

Can one person sell a house with two names on the title?

Typically, if one person wants to sell the property then both parties need to agree in order for the sale to go ahead without having to involve the Courts. Read on to discover your legal rights and how to handle a joint ownership property if you, or your joint partner, want to sell.

Who keeps the title deeds of a property?

If the property has been bought and sold many times, then it may be extremely difficult to track down the deeds. The title deeds to a property with a mortgage are usually kept by the mortgage lender. They will only be given to you once the mortgage has been paid in full.

Do title deeds prove ownership?

Title deeds are documents which prove ownership of land or property.

What is a possessory title?

Possessory title refers to when registration of a title was applied for, the applicant didn't have the right documents when registering the title to satisfy the threshold for the absolute title (the best form available). There are a number of reasons why land may be registered with possessory title.

Can a co owner make a transfer without the consent of other co-owners?

When can a share be transferred? The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.

What happens if one person wants to sell a house and the other doesn t?

You may have no other choice but to go to court to force a sale. The proceeds of the house sale may go toward paying your mortgage off and you can walk away. However, if you transfer ownership in another way, you'll need to ensure that the remaining co-owners are willing and are able to refinance the loan without you.

How do you split jointly owned property?

The partition deed legally divides the property among the co-owners. Each person becomes the primary owner of their allotted portion in the property. Each part of the property divided, gets a new title and each sharer gives up his/her interest in the property in interest of the other sharers.

Does my partner have rights to my property?

A property may be owned in the sole name of one partner or may be owned jointly. If you are the sole owner, you have a right to stay in the home. However, your partner may be able to claim a 'beneficial interest' in it – see below. If you are joint owners, you and your partner have equal rights to stay in the home.

Do I have any rights if my name is not on the mortgage?

This applies, regardless of whether or not you are facing a separation. If you are married and your name is not on the mortgage, you will have a claim on the property and we can discuss this further.

What does it mean if my name is on the deed but not the mortgage?

If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage.