时间：00:00:00
Crystal and James are an unmarried couple who live together in an unregistered freehold house of which James is the legal owner. Although the house is in James' name, the couple share all household bills, including the capital repayments of the mortgage, equally. Their current mortgage deal with BankCo is coming to an end and they decide to remortgage to Happy Mortgages. The grant of the mortgage triggers compulsory first registration. Which of the following statements best describes the legal position?
< 上一页
对/错
下一页 >
Crystal has an interest as a beneficiary under a constructive trust which overrides the first registration of the property upon the grant of a mortgage. Crystal cannot have Home Rights because she and James are not married. She therefore has an interest as a beneficiary under a constructive trust because she has contributed towards the household expenses, including the mortgage repayments. Since she is in actual occupation of the property, her interest overrides the effect of the first registration of the property upon the grant of the mortgage.
Key Point: Under the Land Registration Act 2002, a beneficiary under a constructive trust whose interest derives from contributions to the purchase price or mortgage payments and who is in actual occupation has an overriding interest. This means that her interest will take priority over the mortgage company's charge.
收集问题
用户内容
