Mortgage

[Nykola1234]

Hi i wondered if anyone could offer some advice. My husband and i recently moved. We have two other houses one being half in my name. My husband took out the mortgage in his own name on this new house telling me that he would add me to it. I even had to sign a document stating that i am an "occupier" in my own house! Now we have now moved in and he is refusing to add me to this house that we are currently living in. We have been together 11 years and I have lived with him previously in one of the old houses. All of our savings has gone into this new house. If we were to divorce does anyone know where i stand on this. The reason he has done this is because he obsessed with money and he has been previously divorced although he came out of it 60/40 to him so better off than his ex wife. He put me on the other house so to get tax relief. I am not happy with situation at all and feel quite unhappy in this new house under the circumstances. As my husband is in the forces i have not worked and looked after our daughter since leaving work in 2003.

[NotQuiteCockney]

I think you should talk to the CAB about this. Is Relate an option?

Whose name the mortgage is in is irrelevant surely, anyway - whose name the house is in maybe matters. But from what I know (I am not a laywer), if you are married, then you are half-owner of whatever house you live in, iyswim.

[SpiritualKnot]

Going through a divorce at present. Solicitor tole me to put the house in my name afterwards (I'm buying him out) as wouldn't make a blind bit of difference beforehand, ie it would be 50:50 if we weren't divorced whoevers name it's in.

However, just re read your post, you have signed something to say you are an occupier. Wasit a legal document? Think this would definitely make a difference.Hope another MNer comes along to help on that.

SK

[prh47bridge]

Should you divorce all assets are taken into account regardless of who owns them. Everything you own is counted as joint assets apart from personal effects (clothes, etc.)

[ant3nna]

I believe that you can apply to the Land Registry to have your interest in the property registered on the title deed. The house can not be sold without your permission.

As the marital home, you also have rights of access over it, for instance he cannot prevent you from entering.

[beanlet]

Yes, second ant3nna, you can apply to the Land Registry to have a "charge" put on the property to register your interest in it; you can even do this without your husband knowing about it.

And all your assets, regardless of whose name is on them, will be divided equitably on divorce. If your DH thinks otherwise, he's being an idiot.

[londonartemis]

What happens if the marriage becomes unbearable and OP leaves the house (because her DH won't?) What if he then sells the house in her absence? I know legally they should be sharing their assets, but couldn't he stash the money and make it bloody difficult for her to get her share? Obviously hope it never comes to this, but I would sleep more soundly if my name was on the deeds too in a situation like this.
A friend of mine went through a very acrimonious divorce without her name on the deeds BTW - whether or not this had anything to do with it being acrimonious or not, I am not quite sure, but it didn't lend itself to trust between the two parties concerned.