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

[justthinkingg]

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!

You can do a transfer of equity with current lender and get yourself added to the mortgage and deeds
It shouldn't affect the current product and would cost a few hundred as a Solicitor would need to act. Lender also likely to charge a fee for this
Changing bills into joint names is a good idea but won't mean anything changes. Weve had a joint mortgage for years (married) and my name is on the energy and water bills and things like home insurance just because i set them up. Neither will having a joint account
A lot of companies won't allow third parties to make payments to a mortgage they are not named on as someone suggested.
Just get yourself on the mortgage and deeds or wait until the rate ends and remortgage and get added at the same time

Some typically bad MN legal advice on here...

Yes, for a few hundred pounds you can be added to the deeds
BUT because of the mortgage, you will need the lender's permission. They might say no, or that you would need to apply for a new mortgage jointly (and at current higher rates). They would require you to involve a solicitor even if they're ok with it, which is several hundred more to allow for

Don't mean to be harsh, but you sound slightly ungrateful of the fact your other half sorted everything out whilst you were financially a bit of a shit show.

If i was on his shoes and you came to me saying "i am worried that you are going to stich up me, i need to protect myself" i would be a bit miffed given history.

I wasn't financially a shit show, I got into debt in a difficult time 7 years ago, went on a DMP, paid off every penny myself (dh tried to help but it was my mess to clear up), deliberately kept myself off the mortgage whilst the 6 year affect to my credit score was in place and now it's gone I want to rectify the situation so that I have a legal claim to my family home, not just if he left but also as others have mentioned in death etc. I don't think it's anything to do with gratitude.

Thanks for the advice all.

Hang on a minute, you signed something to say you have no rights over the property. Doesn't that mean you've waived your rights even if you get divorced???

I’m in a similar position. House bought 22 years ago - married for 23 years. Various reasons why mortgage was in DHs name only. We have been quoted £800ish to transfer deeds into both names. You can’t do it yourself (just fill in a few forms etc) if the house is still mortgaged, you have to use a solicitor that your lender approves of. AND there is a bizzare stamp duty implication depending on the amount remaining on your mortgage. We have decided to leave it for now - partly (mostly) because we have a really good mortgage rate and our lender won’t honour it if we essentially “remortgage” to put me on the mortgage (I would have to be on the mortgage if I was on the deeds). If you are remortgaging anyway it’s worth a few £££ to get a solicitor to sort it out. I feel I have an excellent claim to my house (bought during the marriage, evidence that I paid the deposit, evidence of my financial contribution etc.) and if I can get through the next 3 years without getting divorced then we can do a DIY job with the land registry. I feel it’s a gamble but only a small one. 23 years left on the term is a bigger gamble.

I don't think I gave bad advice
I mentioned the fees involved and the need for a Solicitor to be involved
I work in mortgages and both the company I work for and the company where my own mortgage is with would allow a transfer of equity to add wife without a change to the product. The OP would need to check what their lenders approach is
We would view two people especially a married couple as a better risk than having a mortgage in the sole married man's name
But it would be subject to credit scoring and proof of income etc
I don't know exactly how much it would cost for a Solicitor to do the work but it would be worth enquiring about this
The OP could apply to the current lender and choose not to proceed and leave things as they are currently

It was for the mortgage company they insisted I had to sign it and I didn't quite understand to be honest. Declaration of no interest in the property was required as I was an adult not named on the mortgage. I'm hoping it doesn't mean that!

Speak to a solicitor and then speak to your mortgage company and get yourself added asap.

Then never sign something you don’t understand again.

I did look into and I think it's basically an agreement between me and Virgin money, and the purpose of it is that if the mortgage isn't paid, and the house is repossessed, I have no rights to remain. 

I don't think it invalidates my rights with it as the marital home as such and think it will be invalid once we re-mortgage at the end of our term and I'm added to the mortgage. If I'm wrong please correct me!

Oh gosh OP

https://england.shelter.org.uk/professionalresources/legal/relationshippbreakdown/housingrightssofcohabitinggsolehomeowners/occupationnrightsiffonepartnerristheesoleowner

osborneslaw.com/blog/beneficial-interest-in-property/

uk.practicallaw.thomsonreuters.com/3-202-2697?transitionType=Default&contextData=(sc.Default)&firstPage=true

I think you need to speak to a lawyer...

Whoops I definitively got the name wrong, I signed an occupier waiver form not a declaration of no interest sorry!

I am not a lawyer but I think you are correct that what you signed is basically to prevent you from acquiring squatter's rights in the event that the house is repossessed, it shouldn't prevent you from being treated fairly in the event of a divorce but the danger would be what would happen in the event of your DH's sudden death - has he made a will leaving everything to you, and do his life insurance policies name you as the beneficiary?

Yes I'm the beneficiary for both life insurance policies and in the will

Those links are for cohabiting couples. OP is married not cohabiting.

You're married. I wouldn't worry about it. It's a matrimonial asset and will be treated as such.
If you split up then register matrimonial homes notice against the property and then he can't sell it or transfer it to anyone without your permission.

And the occupier notice means nothing in divorce proceedings. Don't worry about it.

You would be fine with the life insurance and living there if it's all set up in your name as beneficiary in policies/will etc