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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to expect my name to be included on the deeds for our new home?

82 replies

twofatladies · 10/05/2011 17:30

Brief background - I've lived in various houses with my DH and my name has never been included on the deeds. We are now moving to our 'live in for ever family home' and the forms arrived from the solicitors last night and there wasn't even a conversation about my name being included, my DH just filled out the forms solely in his name.

When we originally first lived together he was already living in his own home and I was still with my DPs so moved in to his house and paid him a monthly rent. We have now moved twice since being married and my name is never included.

Obviously this has been raised in the past by he says that it makes financial sense as down the line we will probably buy a 'buy-to-let' property and I will be named as a sole owner to avoid capital gains tax.

I'm preparing myself to raise the issue with him tonight but wonder if I'm being unreasonable (he says it doesn't matter as we're married!)

OP posts:
pingu2209 · 10/05/2011 17:37

I would be pissed off.

pingu2209 · 10/05/2011 17:38

I'm not sure of the answer but if he dies and there is no will, you may need to go through probate to ensure you get 'your' house.

minipie · 10/05/2011 17:38

Married couples can only own one property which is exempt from CGT, even if they put the properties in separate names, so he is talking rubbish about the buy-to-let idea.

YANBU at all. I would absolutely insist on joint ownership.

Flisspaps · 10/05/2011 17:39

I'd be thoroughly pissed off, and would be expecting DH to put my name on the deeds asap! Is the mortgage in sole names?

Flisspaps · 10/05/2011 17:39

*In his sole name I should say

mumblechum1 · 10/05/2011 17:40

Legally, it doesn't matter as you have a right of occupation under the Matrimonial Homes Act but more importantly, if you split up, then under the Matrimonial Causes Act all assets are taken into account notwithstanding whose name they're in.

I can see why you're upset though, I certainly wouldn't be happy.

mumblechum1 · 10/05/2011 17:41

If the house is in his sole name, the mortgage is bound to be in his sole name as well.

MadamDeathstare · 10/05/2011 17:41

This reply has been deleted

Message withdrawn at poster's request.

virgiltracey · 10/05/2011 17:43

Right of occupation is not the same as a legal share of the property. Unless there are very good reasons for having the house in his sole name (unlikely - generally the house gets put into the wife's name if for example the husband wants to protect the house from being taken if a business goes under), I'd be insisting. If you split up you're in a far more difficult position.

INSIST!

HopeEternal · 10/05/2011 17:43

"Obviously this has been raised in the past by he says that it makes financial sense as down the line we will probably buy a 'buy-to-let' property and I will be named as a sole owner to avoid capital gains tax."

I believe I am correct in saying that the Capital Gains Tax exemption applies ONLY to your principal private residence. Any buy to let property would be subject to CGT regardless of whether just your name, just his name or both names were registered.

It might be an idea to re-post this in the Legal section where some of the lawyers on the site are more likely to see it and give you better advice than we can.

Shakirasma · 10/05/2011 17:44

He could will it to anyone he liked, even though you are marred.

If ther is no will then as his wife you will be entitled to a proportion of his assets but not the full amount depending on the value of the estate

If you are on the deeds together as joint tenants then if either of you dies the other automatically becomes sole owner of the property.

So basically it's not a big deal as log as you completely trust him and can guarantee he won't shaft you. Can you?

mumblechum1 · 10/05/2011 17:44

Virgiltracey, that's not actually correct. The court would not distinguish between assets in one name and joint (am a divorce lawyer btw)

babybarrister · 10/05/2011 17:44

This reply has been deleted

Message withdrawn at poster's request.

Original poster
twofatladies · 10/05/2011 17:45

Thanks for the quick responses.

Pingu - you are correct about the will stuff. We had a lovely older gentleman come round to do a will for us a year or so back and seemed very surprised about my DH having sole ownership of the property. He alerted us to the situation that the house would be left to our DCs if DH dies before me. Obviously we ensured that this was covered in our will (that the house would be left to me) but he stressed that we needed to get the property changed to both our names.

Minipie - thanks for the advice re: CGT, I've never really checked it out before as just presumed he had the correct information. His parents have two properties and apparently have one in each name to avoid CGT??!

Fliss - mortgage is also just in his name. When I met him he was newly divorced so unsure if this all links back to having to split everything with his ex after a very short marriage. We've been together for 10 years and have 2 DCs!

OP posts:
mumblechum1 · 10/05/2011 17:46

Shakirasma is correct about what would happen if he died (tho' you'd almost certainly win in an application under the Inheritance (provision for family and dependents) Act).

EssexGurl · 10/05/2011 17:47

"Down the line we will probably buy a 'buy-to-let' property and I will be named as a sole owner"

Well that is find and dandy IF it happens, but what about now? As others have said, what if he died and you weren't named on the deeds. I would get yourself on the deeds of your forever house now and worry about a buy to let if/when it happens.

ajandjjmum · 10/05/2011 17:49

Seems most unusual to me.

To not have your name on the deeds of this house, with a view to putting it on the deeds of a BTL house to save on tax, would be tax evasion.

QBEE · 10/05/2011 17:52

Why not put the deeds in your sole name then and propose to put the so far imaginary rental property in his?

I would be quite livid actually.

kerstina · 10/05/2011 17:53

Am finding this post annoying why can't people just pay the tax that they should when they are rich enough to? This is as bad as the likes of Philip Green tax evasion only on a smaller scale.Sad

Original poster
twofatladies · 10/05/2011 17:53

Exactly EssexG - I've raised this with him before.

OP posts:
megapixels · 10/05/2011 17:55

I think it depends, I don't know if YABU or not. Only my husband's name is on the deeds to the house we live in, I didn't really mind as I haven't paid a penny towards it. Similarly I own a house which he hasn't paid a cent for, and it is solely in my name.

Chaotica · 10/05/2011 17:57

I'm shocked, tbh. Is he living in the 50s?

Sorry - not a very useful post but I think you need to sort this out with him.

scotsgirl23 · 10/05/2011 17:57

His parents will discover they're not so smart when they come to sell the second property and find they have to pay capital gains anyway! As someone else mentioned, it's Principal Private Residence relief. The second property isn't their PPR, so when they sell it it won't be exempt from CGT.

I'd be insisting on it having my name too.

wannabesybil · 10/05/2011 18:09

If you are not married then you have no rights to the house. So in an event of separation you would have no claim.

Are you okay with that?

ilovemykitchenaid · 10/05/2011 18:11

My relative has just had to pay £12,000 to have her name put on the deed of her propety following the death of her DH as it was in his sole name.

YANBU