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Original poster

If married, does it make much difference if I'm on the mortgage?

43 replies

justthinkingg · 19/01/2023 08:28

We bought our house in 2020, we weren't planning to buy then as I still had a DMP showing on my credit report but the right house came up at the right price so we went for it in my partner (at the time, now husbands) name. I had to sign something to say that I understood I didn't have a claim to the property (think it was beneficial interest?)

Anyway since then, we've married and both live here together. Mortgage and bills come out of his account and are all in his name, I send over an amount (varies depending on when I'm working as normal, on mat leave etc). We still haven't got around to opening a joint account as again I had this DMP and 3 defaults on my credit rating which finally disappeared off of it last year for good so I now have a good credit score.

We don't need to re-mortgage yet, we're fixed a good rate for another few years. Do I need to put pressure on to add me to mortgage sooner or just wait until we're doing it anyway? I sometimes feel uneasy when I think about it as I've read all the horror stories on here on unprotected women who aren't on mortgages, work PT and take maternity and get stung and want to be more savvy than that. Of course I don't think it'll come to that but who does.

So that's my question, now I'm in a position where I can most likely go on mortgage without having a negative affect on rates, do I? Do I need to do anything about that form I signed when we bought? If he decided to up and leave me with 2 young kids tomorrow does that form me I'm not protected? I don't quite understand how it all works!

OP posts:
AnonWeeMouse · 19/01/2023 08:33

Get yourself on mortgage and bills as soon as possible.

If you divorce or split, if nothing else, it'll give you a provable paper trail that you financially invested in the house and it's upkeep. This will put you in a much better position if and when any financial claims are made during separation.

If you don't, you may find yourself reliant on a judge to find in your favour and without a paper trail, the judge might not award all you're entitled to.

Original poster
justthinkingg · 19/01/2023 08:35

Is it best to just open a joint account in both names and switch mortgage and bills to that? Or do I need to contact each supplier (for bills) and physically add myself to the account?

OP posts:
Whataretheodds · 19/01/2023 08:36

Pay your monthly contribution to the mortgage company to the mortgage dirrctly, not via your partner.

Interested in this thread?

Then you might like threads about this subject:

General money
Original poster
justthinkingg · 19/01/2023 08:39

My monthly contribution is just towards everything, not specifically mortgage. But yes thinking if we both pay in to a joint account and everything comes out of that it'll be better?

OP posts:
Original poster
justthinkingg · 19/01/2023 08:40

Currently on maternity leave with a newborn so not contributing much in the grand scheme of things

OP posts:
minipie · 19/01/2023 08:41

raydensolicitors.co.uk/blog/home-rights-divorce-and-property-owned-before-marriage/ this page may be helpful

The important thing is not so much getting yourself on the mortgage but getting yourself on the deeds. Your DH would need to change it from sole ownership into joint tenancy which involves sending various forms to the Land Registry.

Soontobe60 · 19/01/2023 08:44

There’s a woman on Instagram called Thelegalqueen, she covers all things legal linked to divorce, child arrangements and financial issues. I suggest you look her up - her advice is spot on.

Whataretheodds · 19/01/2023 08:47

justthinkingg · 19/01/2023 08:39

My monthly contribution is just towards everything, not specifically mortgage. But yes thinking if we both pay in to a joint account and everything comes out of that it'll be better?

No, that's no better.

Original poster
justthinkingg · 19/01/2023 08:49

How is it no better?

OP posts:
BHRK · 19/01/2023 08:54

Why on earth wouldn’t you just have the house in both names?

minipie · 19/01/2023 08:57

You’d be unlikely to be able to claim a share of the house simply based on having paid into a joint account.

However as the link above says, you’re quite likely to be able to claim a share based on the fact you’re now married and it’s the marital home. The fact you were together when it was bought, and there was a clear reason not to put it in your name at the time (credit score), should also help, I think.

However the safest position is having your name on the deeds and there’s no reason not to do this, it should simply be a case of DH filling out some Land Registry forms. You wouldn’t be paying him anything (I presume!) so there wouldn’t be tax issues.

minipie · 19/01/2023 08:58

Unless you think he won’t agree to this, in which case you have bigger issues…

Original poster
justthinkingg · 19/01/2023 08:59

I don't think I can be added to the deeds after signing with the mortgage company that I have no interest?

The plan is to add me to mortgage and deeds when we re-mortgage but as we aren't doing that for a few years I don't know how it works to do it now. I will look into it properly - I didn't know if it didn't really make much difference given we are married. We had been living together for 6 years and had a child when he bought it and have since moving in here together had another child and got married so its very much the marital home

OP posts:
Branleuse · 19/01/2023 09:05

At the very least, when you make payments to your husband towards the house, put MORTGAGE PAYMENT when you transfer

paintitallover · 19/01/2023 09:05

You definitely cab change the terms of the mortgage and add you. Why not? If he can pay by himself, then the mortgage company are not going to object to an additional contributing owner. Actually find out, sk there is no misunderstanding. A joint appointment with then sounds best, or a letter you both write.

Velvian · 19/01/2023 09:06

I think that under the Family Law Act, there is a provision for a spouse the put a legal charge against a property owned by their spouse. I would recommend seeing a solicitor if your husband won't agree to it.

MintyCedric · 19/01/2023 09:07

I was in a similar position to you with my XH - we bought the house in his name 6 months before we got married. I was only temping at the time and when the opportunity arose to add me to the mortgage he repeatedly stalled.

When I left him 13 years later, I immediately registered Matrimonial Homes Rights at the Land Registry. This means the house cannot be sold or have finance taken out against it until a settlement is reached.

I received eventually received 55% of the equity.

MintyCedric · 19/01/2023 09:08

BTW Registering for MHR can be done online and is free. Having your name on the mortgage is irrelevant if it's the marital home, particularly where kids are involved.

ineedtostop · 19/01/2023 09:10

Actually much more important is that you are in a difficult position if he dies unexpectedly. This is exactly what happened to me. Wasn't on the mortgage or deeds. He died. The bank called the mortgage in. I could have paid it on my own, and would have done, but I couldn't jump through the hoops to remortgage. The house was left to me but I was forced to sell and uproot our lives at the most vulnerable time. Nightmare. Make sure you get this changed urgently. It will all be shared if you divorce, but if you're widowed, that's another story (different if you have insurance of course).

Original poster
justthinkingg · 19/01/2023 09:13

No issues like that he sees it as both of our house and we both know the plan is to add me, it's been when not if, he's not against it it's just not something we looked into yet.

Good point about death (though hopefully not something we have to worry about) he does have two life insurance policies which would pay off the house and then some, which he said would enable me and the kids to keep living here and support with the bills for a few years. Would that not be the case as I'm not named on deeds/mortgage?

OP posts:
barneshome · 19/01/2023 09:14

Get on the deeds
Bills in joint names

mycatsanutter · 19/01/2023 09:14

@paintitallover I called Santander to add my husbands name on and it wasn't that simple and cost quite a few hundred pounds , surprised me .

Nannyfannybanny · 19/01/2023 09:16

You can't "add" your name to utility bills, your DH has to do that. We weren't married,my bills in my name, I had a CCJ,:he bought our rental, couldn't have my name on the mortgage or deeds,we moved used the estate agents solicitor, asked if my name could then be added as the CCJ had expired. She said "no,you can't sell a house in one name,and buy one with 2. Subsequently learned this was horseshit. Left me in a vulnerable position,we had a young child,and if he had died, house would have gone to his relatives.

Darthwazette · 19/01/2023 09:18

I wasn’t on the mortgage or deeds with my ExH. Didn’t affect my entitlement to anything when we divorced.

TheMagicSword · 19/01/2023 09:23

I second the advice to look up The Legal Queen, she’s good.

If you’re not on the mortgage or deeds, he could turn around and sell it tomorrow, kick you out, hide the cash. Will he do that? Well hopefully not. Can he legally? Yes.

The trouble with these things is, if all goes well, it doesn’t make a difference. But if something in your relationship goes wrong, then by having literally nothing tieing you to the house - no mortgage, no proof you were living there (no name on bills, no tenancy agreement), you make it a lot easier for him to make life harder for you.