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Name not on house deeds

(24 Posts)
SuperKingDuvet Thu 11-Feb-16 08:17:24

Married almost 23 yrs, DH already had the house we live in. Mortgage (which was in DH's name only) has been paid off.

Our finances are very separate and he pays for most things, earning about 4 times more than I do.

Should I get an interest registered on the house? I think I have to do it via Land Registry?

What are the advantages/disadvantages of this for me please?

tornandhurt Thu 11-Feb-16 08:51:46

You can complete form HR1 - which is a home rights notice - if you google it you can print and complete. Send it to Land Registry (address is on the form) and they will issue confirmation to both you and your DH. Its completely free.

Essentially it means that your H cannot sell or increase borrowings without you being aware/your consent.

In reality the only disadvantage is if there are issues between you both and he takes offence, but if that's the case all the more reason to do it. If things are ok with you and there's no problems, why not simply ask him to add you to the deeds?

Hope this helps.

SuperKingDuvet Thu 11-Feb-16 08:55:31

Thank you tornandhurt, that's very helpful.

blindsider Thu 11-Feb-16 08:57:02

Unless you are planning on leaving or think he is what difference does it make?

Are you worried he is going to remortgage it and take on unnecessary debt?

Joysmum Thu 11-Feb-16 09:01:03

Have you discussed this with your DH?

SuperKingDuvet Thu 11-Feb-16 09:10:35

Just had a quick look at the LR guide to completing the HR1 and it says a HR Notice should be registered with the LR where a spouse/civil partner is NOT residing in the matrimonial home and that person's name does not appear on the aTitle Register.

So does that mean I can't apply for it if I still live in the property?

SuperKingDuvet Thu 11-Feb-16 09:11:51

Yes, I am concerned he may remortgage.

hellsbellsmelons Thu 11-Feb-16 09:13:33

I've no idea about registering an interest but if you have been married for many years that all assets will be split as they should be.
The family would be an asset.
If you need to then see a solicitor and find out what your rights are on this.

SuperKingDuvet Thu 11-Feb-16 09:15:33

Hellsbellsmelons, yes I agree as married all assets are joint, but don't want him to (possibly) remortgage without me being privy to that information.

tornandhurt Thu 11-Feb-16 09:43:52

OP I'm in a similar position. Not on mortgage and not on house deeds (as when we married I still had a mortgage on prev property which was being let so I couldn't sustain further borrowing) - now currently going through divorce and we still live under the same roof. Solicitor advised me strongly to do it and I have and its been accepted so the fact that you still live in the property isn't an issue at all. Hope that helps x

Familylawsolicitor Thu 11-Feb-16 09:45:55

You can still do it if you are living there. He will be notified though.

blindsider Thu 11-Feb-16 09:47:47

Yes, I am concerned he may remortgage

Why? Does he have a history of getting into debt?

It sounds like you need to have a proper chat with your husband he may well not have a problem with putting you on the deeds at all...:-/

SuperKingDuvet Thu 11-Feb-16 09:51:38

Blindsider - No history of debt, it's more of a case that I feel I am entitled to know if the house is used as collateral, etc.

Torn - thanks, hope all goes well for you.

Family - thank you.

PurpleDaisies Thu 11-Feb-16 09:58:05

What makes you think hewould remortgage without telling you? That's a bigger issue than whether or not your name is physically on the deeds (mine aren't because I was a student when we bought the house).

If there is a plan to remortgage that's the perfect time to get your name on the deeds.

SuperKingDuvet Thu 11-Feb-16 10:03:52

Because his finances are separate from mine - which doesn't bother me as such - what he does with his money is upto him; as long as it doesn't jeopardise the family I don't mind. It's just that on reflection I could be caught out so think if he won't put me on the deeds then I should do this.

PurpleDaisies Thu 11-Feb-16 10:06:01

There must be something to make you think he'd remortgage without telling you though. That's not something I've ever worried about with my dh, even though I'm not on the mortgage. What's sparked this now?

blindsider Thu 11-Feb-16 10:11:47

I am just curious after being in the same position for 23 years why has it become an issue now?

SuperKingDuvet Thu 11-Feb-16 10:13:01

He occasionally talks about buying another house to let as a pension plan. That is probably preying on my mind.

pocketsaviour Thu 11-Feb-16 10:18:36

Have you spoken to him about your concerns and asked to go on the deeds? Surely that would be the simpler and more honest way to achieve the security that you want.

Joysmum Thu 11-Feb-16 10:27:51

If he's thinking about buying another house as a pension plan, make sure you are informed and discuss it. I wanted another house as my pension plan but as stamp duty is being increased for investors and mortgage tax relief is being phased out, even in my relatively high yield area it's no longer financially viable if you factor in a rise in interest rates. Plus buy to let mortgages are far more expensive than residential mortgages and there are far less to choose from.

I'm investing elsewhere instead.

SuperKingDuvet Thu 11-Feb-16 10:46:11

Pocket - I have occasionally mentioned it over the years but not recently. I will suggest this before going down the HR1 route.

Joysmum - yes, he's financially savvy and has said he probably won't do it now because of the points you raised.

7to25 Thu 11-Feb-16 10:51:06

Yes, but if he remortgaged the family home, he wouldn't need a btl mortgage.

SuperKingDuvet Thu 11-Feb-16 11:10:43

I suppose that would depend on amounts involved?

Joysmum Thu 11-Feb-16 21:04:57

Yes, but if he remortgaged the family home, he wouldn't need a btl mortgage

You'd be mad to fund a BTL fully from remortgaging your own home!

We got our start from releasing the deposits needed but not taking so much as to risk our home.

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