The Conveyancing Blog

Today is an exciting day. You and your partner have bought you first home although you have decided you will not get married, at least not yet. You are in your new sitting room sharing a bottle of wine and contemplating all the things you are going to do to the place.

Simon Pook - Head of Conveyancing Team - Charles Lucas & Marshall

Fast forward a few years, you still haven’t married and the unthinkable happens; one of you dies or your relationship ends. You have paid most of the mortgage or perhaps worked a lot on home improvements. What happens?

Previously the answer could well depend on whether the property had been bought in one of your names or in joint names. If the Property was in joint names the court took a pretty rigid view that the actual ownership was 50/50 unless there was specific agreement otherwise. The Supreme Court has now decided that courts should look at what is fair in the situation. However, that may not be what is fair in your mind or what you would have agreed at the outset, if you had put your minds to it. The position becomes even more complicated if there are children involved.

Many people believe that if they live together as man and wife they have a common law marriage and gain the same rights as a married couple. This is not correct.

You should have prepared a declaration of trust which sets out your joint intentions in respect of the property and you should review that from time to time to make sure that it still sets out what you want.

If you are buying a house with another person and you are not married you should always seek advice on how you should own the property and what documents you need to protect you.  As well as a declaration of trust you may need to consider a cohabitation agreement as well.  A little time spent now could save a lot of time should you separate later on’

If the unthinkable happens you should take advice.

For more information please contact Simon on 01635 521212 or simon.pook@clmlaw.co.uk

Lisa Keefe, of solicitors Charles Lucas & Marshall, has qualified as a Graduate Member of the Institute of Legal Executives.

She joined the firm’s residential property team in March 2010 and is an experienced conveyancer. To achieve graduate membership, Lisa has spent years in home study, ultimately passing the Professional Higher Diploma in Law and Practice which is assessed at honours degree level.

In her final exams she specialised in conveyancing practice, land law, criminal law and the law of wills and succession.

“I am so pleased that I have now completed and passed all my exams,” says Lisa. “It has been challenging at times but now I have reached the end, I am so pleased I stuck at it.”

Please contact Lisa on 01793 511055 or lisa.keefe@clmlaw.co.uk

Lisa-Marie Keefe

Charles Lucas Marshall, has received accreditation from the Law Society’s Conveyancing Quality Scheme.

Accredited Conveyancing Quality Scheme

The scheme requires firms to undergo a strict assessment, compulsory training, self reporting, random audits and annual reviews.

Charles Lucas & Marshall is the first firm in Newbury, Hungerford and Wantage to be accredited under the Conveyancing Quality Scheme (CQS)  – set up by the Law Society to provide the public with a recognized quality standard for conveyancing services.

The scheme has the support of the Council of Mortgage Lenders, Land Registry, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.

“We are delighted to have been recognised by the Law Society for the quality of our conveyancing,” says Simon Pook, head of Charles Lucas & Marshall’s Residential Property Team.  “We are very proud to have the accreditation – and particularly to be the first firm in three of our office locations to receive it.”

The Law Society reports that as well as support from the mortgage lending and insurance industries, there is increasing recognition from the public of the scheme.

“We have strong evidence from our own marketing to show the public is actively seeking CQS firms,” says Simon Pook.

Please contact Simon on 01635 521212 or simon.pook@clmlaw.co.uk

“I am delighted to confirm that we have this morning received confirmation that we have received accreditation to the Law Society’s Conveyancing Quality Scheme meaning that we have been rated as providing a high quality conveyancing service. We are particularly proud that at the moment we are the only firm in Newbury, Wantage or Hungerford who have gained accreditation. Full details of the scheme can be found at http://www.lawsocietyapproved.com/conveyancing.aspx“

Jackie Waller

Jackie Waller has been made an associate at law firm, Charles Lucas & Marshall.

Jackie is based in the firm’s Wantage office and has worked in residential conveyancing for over 20 years, dealing with all aspects of residential property law.

You can contact Jackie Waller on 01235 771234 or jackie.waller@clmlaw.co.uk

Shared Ownership homes offer an affordable way of getting on the property ladder.

The scheme is normally run through a Housing Association, who will own the freehold and you will then purchase a share i.e. 25%, 50% and 75% and pay a rent on the remaining share to the Housing Association.  By doing this you have the same rights as a full home owner but at a more affordable cost. 

The process would be:

• Contact the Housing Association involved with the property.
• They will check that you meet the criteria for their scheme
• They normally have financial advisors they can recommend so that you can arrange your mortgage for the percentage you wish to purchase
• They normally require a 10% deposit to proceed. 
• The Housing Association will instruct their Solicitors and then they will send a Lease to the Solicitors of your choice and the works will proceed. 
• You will need to have searches carried out on the property i.e. local search, drainage, environmental and chancel search.
• Throughout the process ensure you raise any queries you may have so that they can be resolved prior to completing.

Every owner will enter into a Lease with the Housing Association which will have certain restrictions and responsibilities that you have to abide by.  The Lease will also inform you of how much rent and service charge you have to pay to the Housing Association and what that payment will cover e.g. cleaning of communal areas etc. 

We also work with a Housing Association who deals with people that have learning disabilities or mental health problems to be able to live in their own homes on a shared ownership basis and their benefits assist them with this. 

You also have an opportunity of purchasing more shares in your property; this process is called “staircasing”.  By doing this it will obviously reduce the rent payable.  You will still have to abide by the regulations etc set out in the Lease you originally signed.

If you have any further queries please do not hesitate to contact Lynsey Hart on 01235 771234 or by email lynsey.hart@clmlaw.co.uk.

Jas Chahal - Charles Lucas & Marshall - Swindon Conveyancing Team

Jas Chahal has joined the residential property team at lawyers, Charles Lucas & Marshall.

Jas has worked in the Swindon property market for 13 years and was latterly with Lemon & Co.

She will be based at the firm’s Swindon office although will handle client work across Charles Lucas & Marshall’s four offices in Berkshire, Oxfordshire and Wiltshire.

“I am delighted to be joining a firm which has a great reputation for client service and which will allow me to maintain the many working relationships and friendships I have established in Swindon,” she says.

Please contact Jas on 01793 511055 or jas.chahal@clmlaw.co.uk

Simon Pook - Senior Associate - Charles Lucas & Marshall

Simon Pook has been made a senior associate at Newbury law firm, Charles Lucas & Marshall.

Simon joined Charles Lucas & Marshall after completing a theology degree at Westminster College, Oxford. He qualified as a legal executive five years ago and is currently joint head of the firm’s residential property team.

“Residential property work has had a bumpy ride over the last couple of years but we have been able to keep building the team here through – largely by keeping the emphasis on quality service and value for money,” he says.

Please contact Simon on 01635 521212 or simon.pook@clmlaw.co.uk

Lisa-Marie Keefe - Charles Lucas & Marshall Conveyancing Team - Swindon

Lisa Keefe has joined the residential property team at lawyers, Charles Lucas & Marshall.

Lisa is an experienced conveyancer who has worked in property conveyancing for ten years, latterly with The Merriman Partnership in Marlborough.

An associate member of the Institute of Legal Executives, she will be based at the firm’s Swindon office but will be handling property work across its offices in Oxfordshire, Berkshire and Wiltshire.

“I grew up in the Hungerford area and am delighted to be working in a location which will allow me to maintain the many working relationships and friendships I have established,” she says.

Please contact Lisa on 01793 511055 or lisa.keefe@clmlaw.co.uk

As you will probably have heard by now,  the Communities Secretary Eric Pickles and Housing Minister Grant Shapps,  have today announced the immediate suspension of Home Information Packs.  As of this morning, sellers do not need to have a home information pack to market a property for sale.

The requirement to obtain an Energy Performance Certificate (EPC) has been retained but a seller merely has to have commissioned the certificate to start marketing a property for sale.

The HIP was introduced in 2007 by the previous government and has been plagued by controversy ever since.  Hopefully by doing away with the HIP more people will be encouraged to market their property for sale to aid the housing market in what are still shaky times.

Charles Lucas & Marshall are able to arrange EPC’s due to our contacts with long established local providers ‘The Property Search Group’.  The Price for an EPC, nationwide, is £65 including VAT.  Contact simon.pook@clmlaw.co.uk for further information.