Names on Chanote

[BEVUP]

First of all house was bought for son with wife naturally as Guardian & therefore his name is on the back but also my wifes, but not realizing that my wifes name was not required to be there as Guardian 

*So first of all the Land office said i would need to go to court if there was a loan to be taken out on Chanote

*But today at a lawyers i was told that since both names are on the Chanote it is a 50/50 ownership (a shock to me ) as the whole intention was to have it 100% in my sons name & they also mentioned there was no need to apply to a court since there are 2 owners. The only requirement was for both parties to sign ( great as if an 8 yr old will be the wiser )

So which would be the correct statement

PS: Lawyers office also said wifes name can be removed

 

 

[BEVUP]

seen a reply come up but it,s not here

[happylarry]

I just asked my wife but she doesn't know but will ask the lawyer she works with and I'll let you know his opinion later.

HL

[BEVUP]

1 minute ago, happylarry said:

I just asked my wife but she doesn't know but will ask the lawyer she works with and I'll let you know his opinion later.

HL

Thanks Larry because who knows i may have been stitched

[happylarry]

I suggest you give my wife a ring so she can explain fully but I will answer a couple of your questions here for others benefit.

 

Yes your wife owns half of the house.

No her name did not need to be on the chanote as guardian.

No she cannot get a loan without going to court because your son cannot legally sign until he attains the age of twenty years old.

Yes your wife's name can be easily removed, she simply has to tell the land office that she is gifting it to her son. However this has to be done voluntarily by your wife, you cant enforce it.

 

So some good and some bad news, hope this has helped.

HL

[BEVUP]

11 minutes ago, happylarry said:

I suggest you give my wife a ring so she can explain fully but I will answer a couple of your questions here for others benefit.

 

Yes your wife owns half of the house.

No her name did not need to be on the chanote as guardian.

No she cannot get a loan without going to court because your son cannot legally sign until he attains the age of twenty years old.

Yes your wife's name can be easily removed, she simply has to tell the land office that she is gifting it to her son. However this has to be done voluntarily by your wife, you cant enforce it.

 

So some good and some bad news, hope this has helped.

HL

Thanks Larry has helped as within the court process but you also mentioned about the age of signing documents 

I take it that it was a one of when he had to sign the 20 pieces of paper at the Land office in my wifes presence 

The biggest shock of all is the wife owning half the house as it was supposed to be soley my sons with wife as Guardian

[janclaes47]

Who told you that the wife's name had to be on the chanote?

 

Chanote can be in your child's name solely regardless of the age, but can not be sold before he is of adult age.

 

 

[BEVUP]

Just now, janclaes47 said:

Who told you that the wife's name had to be on the chanote?

 

Chanote can be in your child's name solely regardless of the age, but can not be sold before he is of adult age.

 

 

I think my wife conned me in the belief that she as Guardian had to be on it stating that it acknowledged her as Guardian or it was either the Land department as i was presuming since my son was signing so many documents it was soley his 

But come to think of it why did i have to sign the Simros  ( maybe not correct name) paper when the property was being paid of to developer through my wife & then transfered immediatly to my son on final payment 

[janclaes47]

1 minute ago, BEVUP said:

But come to think of it why did i have to sign the Simros  ( maybe not correct name) paper when the property was being paid of to developer through my wife & then transfered immediatly to my son on final payment 

 

If you're married you always have to sign that document if your wife makes a property purchase, that it is not your money that is used.

 

From your comment it looks as if there are documents that at a later date can be used to proof that your wife paid and owns the property.

[BEVUP]

3 minutes ago, janclaes47 said:

 

If you're married you always have to sign that document if your wife makes a property purchase, that it is not your money that is used.

 

From your comment it looks as if there are documents that at a later date can be used to proof that your wife paid and owns the property.

It was still the developers property until the last payment so it went straight from them to him but i was still required to sign the Simrose even though it was my sons OK IT JUST HIT ME since it looks like i was shafted & my wife ended up on Chanote as owning half that is where the Simros may hve come into effect