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House in my name also

(20 Posts)
BeyondRepair Tue 18-Mar-14 09:38:11

Anyone tell me the steps to do this? And any issues that may arise? House is in DH name and I feel vulnerable for the future if I am not on house as well.

awishes Tue 18-Mar-14 10:04:27

please, please get your name on the deeds (with Land Registry) and if there is a mortgage make sure you are on that too.

I am in the process of divorcing and am unable to take over the mortgage because it is not in joint names.

Dieu Tue 18-Mar-14 10:06:30

Will watch this with interest BR, as I am in the same boat. My husband said that it doesn't matter whose name the house is in, as legally I am entitled to half of everything anyway. He says it's easier to keep the house in his name, as the loans are in his name because I am a non earner (stay at home mum). I will be interested to see what others come back with.

BeyondRepair Tue 18-Mar-14 10:19:05

dieu I am worried in event of sudden death, it has happened to two family remember and I am worried if he suddenly died I would be lost, have to go though stressful procedures.

hopefully, some one can come along and tell us the legal plus and cons of being on the house.

awishes I dont suppose you know how difficult or easy that is? to get name on deeds?

BeyondRepair Tue 18-Mar-14 10:24:08

Also I wonder which one is more legally binding, going on mortgage with LR or morttgage

Dieu Tue 18-Mar-14 10:26:38

Do you contribute financially BR? I think I feel more vulnerable because I don't work, and you feel invisible if you're not actively involved in the paying of the mortgage.

Sneezecakesmum Tue 18-Mar-14 10:29:24

If you are married assets are usually divided equally on divorce. There are lots of variables though like children, length of the marriage, prior assets and so on so I would see a solicitor to talk through your particular circumstances.

Your DH will have to arrange for your name to be on the deeds.

awishes Tue 18-Mar-14 10:38:05

I was also a STAHM.

We had an agreement drawn up at the solicitors when we bought the house as I had a property at the same time and did not want the complication of 2 mortgages with my name on. The agreement was to state that we were "tenants in common". My property has since been sold but we did not change the mortgage on our home.

It now seems worthless as upon starting the divorce process I have had to pay my solicitor to re-register this at the Land Registry and of course I am unable to speak to the mortgage company as I am not the account holder.

I would plead with anyone to ensure that everything is in joint names as with the best will in the world no-one knows what is around the corner and it just puts unnecessary complications in the way.

heliumheart Tue 18-Mar-14 11:29:33

This has been my experience too awishes. House and mortgage not in my name, I was a SAHM. I am still in the FMH but have been advised by my solicitor that it may be very difficult to stay here because the mortgage company will not allow the mortgage to be transferred over to my name. I am currently paying the mortgage (ex refused to pay it) but the mortgage company will not tell me any details about the account. I think my only chance to stay here is if my ex agrees that I can indemnify him for the mortgage. Really do urge people to make sure that both are listed on mortgage and deeds - it's the mortgage I think that is the main issue because even though a court can decide who owns the deeds, they do not have the power to dictate terms to the mortgage company.

BeyondRepair Tue 18-Mar-14 11:53:12

Thanks for the tips, its death I am worried about not divorce but of course we dont know whats down the line.

Twice I have had complicated and un clear legal matters to contend with after two sudden deaths, its horrific when you are in shock and grieving and suddenly navigating a whole new world of terms and jargon, and hurdles to go through, hence I want it all tied up.

I didnt go on mortage initally as I had a debt against me, this has now been cleared but I have not had any CC etc. So we are worried if we apply for me to go on it, I may some how drag us down, we have looked on line at one of the credit agencies and my name seems clear but of course each institute has different criteria. ie our mortgage company may say no....

I am a sahm, I have not brought any lump financial sum to the house but of course I have helped in numerous other ways.

BeyondRepair Tue 18-Mar-14 11:54:34

I was watching Martin Lewis on This morning saying he had a lady crying her DH had died and as they had no joint accounts she was going to loose her house as had no money.

mummytime Tue 18-Mar-14 12:10:48

I can't understand (as a SAHM) why anyone would not be on both the deeds and the mortgage, unless you have very complex financial arrangements. It really shouldn't cost very much or be too complex to do, maybe do this the same time as updating/writing your wills?

BeyondRepair Tue 18-Mar-14 12:17:59

I think having a debt against you in the past does complicate things yes.

If we apply for me to go on mortage they suddenly say, I am a liability we need % more from you, that we cant pay....yes its a complication!

LandRegistryRep Wed 19-Mar-14 12:19:33

If the property is registered in England & Wales then you can transfer the property from a sole name to joint names as per our online guidance
www.landregistry.gov.uk/public/faqs/how-do-i-transfer-my-registered-landproperty
We would always recommend seeking legal advice as well and if the property is mortgaged then the lender is likely to insist on you using a conveyancer anyway. You will also need the lender's consent of course.

As far as vulnerable for the future is concerned I am not too sure if you mean if something should happen to your DH or if the marriage should fail for example?
If the marriage should fail then you may wish to consider other guidance around how to protect your interest in the property whilst you are still married
www.landregistry.gov.uk/professional/guides/practice-guide-20

This is a complex area of the law so legal advice is again recommended.

The wider issue of what happens if one of you were to die for example is something that is outside of our remit. Useful for both of you to consider your wills as without them the law will view who gets what in a particular way although others are better placed to advise on that

BeyondRepair Wed 19-Mar-14 12:33:45

Thanks Land reg most helpful, am just wondering why a conveyancer would be needed...

As a lay person, I see a house, its all bought has a mort ticking away, no issues or problems, the owner is now married and wants to put his wife on the deeds as joint owner....

I don't see what else ( apart from bank interest) need to happen except some paper filling in... why it needs to be more complicated.

BeyondRepair Wed 19-Mar-14 12:36:15

Just had a quick look at that form, what are most married couples - joint tennants?

STIDW Wed 19-Mar-14 13:08:15

IF you are married it doesn't matter whose name is on the deeds or mortgage. Both parties are entailed to live in the former matrimonial property and you can register your home rights with the Land Registry.

Should you divorce any assets held in joint or sole names forms the "pot" which is shared according to a checklist of factors in s25 Matrimonial Causes Act 1973. That doesn't mean the value of the assets will necessarily be divided 50:50. The aim on divorce is to leave both spouses in a similar financial position so the sharing can be in different proportions. For example, a spouse who has been financially dependent on the other spouse may need a greater share of realisable assets to house themselves to a similar standard as they have less capacity to raise a mortgage.

If your husband should unfortunately die you can make Inheritance Act claims against his estate, although you really both need to see a solicitor about drawing up wills if you haven't got them already.

BeyondRepair Wed 19-Mar-14 13:13:41

Thanks STIDW again another most helpful post.

I do understand as married we are in a stronger position compared to not married however I am sure it would all still be easier, should my DH die suddenly if everything was already half in my name.

awishes Thu 20-Mar-14 21:07:20

STIDW - that's all true BUT it makes life more difficult as if not on the mortgage the lender will not talk to you, will not discuss if there is a possibility of taking over the loan etc etc.

heliumheart Fri 21-Mar-14 07:38:32

Completely agree awishes. I am in the same situation and it feels as though without complete cooperation from my ex (highly unlikely) there is no way I could stay in the house - I'm paying the mortgage here but the lender won't talk to me at all...

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