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Not on mortgage, but married. What am I entitled to?

6 replies

Halloumifriesforbreakfast · 07/02/2020 09:53

Hi, (already have this running in DIY/Property)

So my solicitor says nothing, which shocked me, to say the least.

DW and I are buying our next home together. We were FTB with our last house and I was named on that mortgage. We assumed I would be named on the next house, but unfortunately we couldn't get the approval, unless my DW was solely on the mortgage. This obviously bothered me a lot. Money aside, it just didn't feel right, as I wanted to feel like it wasourhouse and that I wasn't some kind of lodger.

Anyway, we need to move and our mortgage advisor said that because we were married, I would be entitled to half the house anyway and actually, I was under that impression myself.

Now, I understand the mortgage advisorisn'ta divorce lawyer or a lawyer of any kind, but as I say, this was my understanding anyway. I had seen a lot of posts about it on MN actually.

We met with our solicitor recently and they said I need protection, as because I'm not named on the mortgage, I would be entitled to nothing. She said something about a declaration of trust, but made out as if that wasn't perfect or a guarantee either. My head was spinning a bit tbh, so I didn't take it all in.

So quite simply, is this true?

TIA

OP posts:
Apolloanddaphne · 07/02/2020 09:57

Surely you can have your name on the deeds for the house even if you are not part of the mortgage?

Oliversmumsarmy · 07/02/2020 10:01

I don’t have a regular income.

When we moved i am 50/50 on the mortgage and deeds.

I hadn’t worked for a few years.

Why weren’t you allowed to go on the mortgage?

Oliversmumsarmy · 07/02/2020 10:03

also if you are living in the house the mortgage company have to be told as if your wife defaults on the mortgage wouldn’t you be considered as a sitting tenant.

Or something like that

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Xyzzzzz · 07/02/2020 10:09

Are you paying towards the deposit? If so ensure it’s protected so you get that back.

Oliversmumsarmy · 07/02/2020 10:21

Are you paying towards the deposit? If so ensure it’s protected so you get that back

I would ring fence the percentage you are putting in not the amount.

Houses tend to go up in value and what you have put in today isn’t going to have the same buying power in 10 or 20 years time.

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