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Legal matters

Should I put my name on the mortgage

6 replies

inthespringtime · 21/03/2011 11:32

Can someone please advise me?
DH & I live in his house. He owned it before meeting me.
What are the benefits to me getting my name put on the mortgage or deeds and is there a difference? Or as we are married do I automatically have some rights anyway?

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Collaborate · 21/03/2011 11:37

If he gets made bankrupt you only lose half the house.

His creditors can't enforce judgment against you.

Makes life simpler on divorce (!)

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throckenholt · 21/03/2011 11:39

I think as you are married it makes no difference. We are the same - married and DH had the mortgage before I knew him. We extended the mortgage later and talked through with the advisers if it was worth the legal stuff to put my name on it and decided it wasn't.

I am happy (well not happy probably) to be contradicted by someone who really knows what they are talking about :).

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nocake · 21/03/2011 11:58

You automatically have rights to the house if he dies but you could have problems if you get divorced and you're not on the deeds. It would get complicated if he tried to sell the house without your consent.

As for the mortgage... if your name is not on it then the lender can't chase you for the debt. That might be an advantage or it might not. It would also mean that your DH could extend or change the mortgage without your consent, which might be an issue if you're both contributing to it.

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inthespringtime · 21/03/2011 21:27

Thankyou all for your advice. But (thick emoticon) does that mean I should be on the mortgage (or deeds) or not? We have 1 DC together and I have 1 DC from previous relationship. Whilst I love and adore my partner I feel at the moment I don't have true security. Does that make sense?

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inthespringtime · 21/03/2011 21:27

Sorry he is actually DH not partner

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Collaborate · 21/03/2011 23:44

I see what you mean. There is no right or wrong. Personally I would consider it a marriage of equals if your name is on the deeds, but that's a relationship issue not a legal one.

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