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AIBU?

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!)

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twofatladies · 10/05/2011 18:13

Megapixels - can see why it makes sense in your situation.

Unfortunately I've never been in a position to buy my own property. I met DH shortly after Uni when I was still finding my feet - initially I paid a (small) rent and then having got engaged all my spare cash went into the joint savings towards weddings / house renovations etc. and I've not had sole savings for a deposit.

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twofatladies · 10/05/2011 18:14

Wannabesybil - we are married.

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KatieMiddleton · 10/05/2011 18:17

Now I'm a bit rusty but there may be implications if your dh died and you were unable to settle the whole mortgage immediately and you are not a co-mortgagee and on the deeds.

I would be insisting I be on both the mortgage and deeds. But then I'd have had to sort the whole thing out any way

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ivykaty44 · 10/05/2011 18:19

I would go along with having the property in your sole name Op and then when you get another property get that in your dh name, get the forms resent out so you can do this

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SoupDragon · 10/05/2011 18:23

Personally, it would make me wonder how he views the future.

At the very least, you need to fill in form HR1 from the Land Registry to assert your "home rights" and get this added to the deeds.

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Rindercella · 10/05/2011 18:24

Twofatladies, please insist that your name is on both the deeds and the mortgage, please. If your DH were to die it would make matters so much more simple.

As has already been stated, he is talking rot regarding a btl property & cgt, so what is his motive if he still refuses?

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squeakytoy · 10/05/2011 18:31

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

Thats odd, because when my FIL died, his will stated that all assets went to her, including the house which was in his sole name, and she wasnt charged.

I am not on the deeds in our house, simply because at the time when we got the mortgage I wasnt working and had a bad credit rating, but in my husbands will and life insurance, it becomes mine if anything happened to him.

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twofatladies · 10/05/2011 18:32

Feeling a little overwhelmed by all the responses. Not sure how I insist that I am on the mortgage and deeds, it seems like its all out of my control.

Will raise all of this with DH tonight - when I've discussed it with him before he turns it back onto me and wants to know why I need to be on the deeds at least now there is financial and security reasons.

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Groovee · 10/05/2011 18:32

I'd be upset with that. I've always been on the deeds.

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BlueFergie · 10/05/2011 18:33

CGT is charged on all sales of property that are not the principal private residence. So it doesn't matter if it is in his name, your name or the cats name, if it a BTL then a CGT liability will arise when/ if it is sold.

What I assume his parents are doing, is putting the properties in seperate names so there will be less questions from the tax authorities if one is sold and they can get away without paying CGT. If there is only one property registered to a person that is subsequently sold the authorities may assume that it is PPR. Where as if there are two or more registered, the sale of one may trigger questions.

To be absoloutly clear the above scenario is illegal and tax evasion. It will require the person in whose name the BTL property is registered outright lying to the solicitors involved in the sale and probably signing documents to the effect that they lived in the property as their PPR. It will also mean not declaring rental income on the property for the entire time it is let (also illegal and tax evaison) as to do so would mean the relevant tax authorities are aware of the fact the porperty is let. If the BTL is solely in your name you could rack up quite a serious tax liability and a lot of trouble for yourself following this route.

If this what your husband has in mind I strongly recommend you tell him that you will not be putting your name onto a scheme which sole purpose is tax evasion. If this is not what he intends and he is simply misinformed of the tax implications of BTL then there is no reason not to include you on the deeds of the house

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NellieForbush · 10/05/2011 18:33

Well from what others have said the CGT thing doesn't seem to be a true advantage so I can't see any reason to not have your name on but several good reasons to have it on. Unless he can think of a very good reason not to you need to get your name on the deeds. Otherwise I'd be very suspicious.

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TheNumberTaker · 10/05/2011 18:37

I thought that if there is a mortgage on the house, the mortgagee company will usually require any adults residing in the property who are not a party to the mortgage or named on the deeds to sign a Matrimonial Homes Act exemption, so they cannot lay claim to the property in the event of a repossession. Please correct me, anyone, if I'm wrong. But if I'm right, please don't sign this without some independent legal advice from a family lawyer on the implications for you.

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NellieForbush · 10/05/2011 18:39

So you say

"I want to be on the deeds in case of x and y, is there a reason you don't want me to be?"

I'm not sure if the mortgage matters??? Anyone?

Ultimately you could insist by not paying any part of the mortgage. (Do you currently?)

But unless he is -as someone suggested - living in the 50's this really shouldn't be an issue.

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ivykaty44 · 10/05/2011 18:39

Will raise all of this with DH tonight - when I've discussed it with him before he turns it back onto me and wants to know why I need to be on the deeds at least now there is financial and security reasons.

So turn it around and say well you will not mind coming off the deeds and them being in my sole name - will you? So lets get it done this time round or we could both go on the deeds whichever you fancy, which do you fancy.

answer the question which one would you like, your name off the deeds and the house is put in my name or joint names?

Of course if he can't tell you why his name shouldn't be off the deeds you have a corker

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squeakytoy · 10/05/2011 18:41

Numbertaker, we were never asked to sign anything like that, but it could have changed in the last ten years perhaps.

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MollieO · 10/05/2011 18:42

The main implication I can see is the house will form part of your dh's assets on his death and even if you are the beneficiary under his will you may have to pay inheritance tax. The house is usually an estate's biggest asset. If your dh puts your name on the deeds the house will pass direct to you outside his estate. It is also important to ensure life insurance is in place to pay off the mortgage in the event of his death.

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twolittlemonkeys · 10/05/2011 18:44

YANBU we're in our second house and my income has never been included for the purposes of getting a mortgage as we planned to have a family and knew it would fluctuate but my name has always been on there because it's our house. It's not DH's any more than mine just because he's the main wage earner. Both our names are on the mortgage too, although it's only his wages which pay it.

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MrsMoppet · 10/05/2011 18:53

Even if your DH has left the house to you in his Will, you will still be liable for Inheritance Tax if he dies. The value of the house would only be exempt from his total assets, for calculating Inheritance Tax, IF it is in your joint names as husband and wife (as joint tenants).

Otherwise, if the value of the house + any savings, investments, cars etc is over the Inheritance Threshold (I think it's about £325,000 but a lawyer can put me right on this!), you will have to pay tax on anything over that threshold. This could mean that you have to sell the house in order to pay the tax.
If he has a mortgage on the house, does he have life insurance which names you as the beneficiary if he dies?

YANBU - I'd be might pissed off about this too. If he dies before you, you could be in real trouble. He needs to see that. Why didn't he do something about it after it was mentioned when you made your Wills?

Basically, if he dies, you could be in debt. Or homeless. Or both. Ask him if that's what he wants.

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minipie · 10/05/2011 19:00

"when I've discussed it with him before he turns it back onto me and wants to know why I need to be on the deeds"

Surely a good enough reason is "because I jointly own the house"? Never mind all the complicated reasons about death and divorce and so on - the fact is, you jointly own the house (right?) so you should be on the deeds as a co-owner.

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KatieMiddleton · 10/05/2011 19:01

I don't think there's an inheritance tax liability between spouses.

Nor can you be the sole name on the deeds if the property is mortgaged with someone else as the mortgagee - so don't ask when arguing discussing this with your dh because you'll just look silly.

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twofatladies · 10/05/2011 19:09

Just checked on HMRC site

"If you inherit a property from your spouse or civil partner, you're an 'exempt beneficiary' and you normally won't owe Inheritance Tax as long as you're domiciled in the UK.

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BlueFergie · 10/05/2011 19:20

Did you check the CGT rules?

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twofatladies · 10/05/2011 19:24

Yes and thank you, your advice is completely correct...

If you sell or dispose of property and don't qualify for Private Residence Relief - for example if you sell a buy-to-let property, agricultural land, farm buildings or business premises - these are liable for Capital Gains Tax and you must work out the gain or loss.
There may be some additional Capital Gains Tax reliefs you can use if your property has been used for business purposes.

He is a little bit of a chancer but surprised that he would be thinking about such a blatant tax avoidance scam (will find out later this evening!)

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merrywidow · 10/05/2011 19:25

My H died and I was never on the house deeds. There was no will either.

I had registered an interest in the property through the land registry though not long before he died because I was going to divorce him; which would have alerted me if H had tried to remortgage the property. This is something you can do for a start.

We moved into the house together 11 years previously and as there was no will had the estate been more than £250,000 I would have had to have gone to court to prove that I already owned half the house and shown that I had given my H money over the years (which I had). The wife only gets the first £250,000 when H dies intestate and the rest will be held in trust for any DCs

I would insist that you are named, as someone upthread said he could will it to anyone. My H wouldn't even tell me how much the mortgage was!

As far as I understand it the mortgage company has to know if there will be anyone else ( such as wife and dependents) residing at the property.

You need to protect your assest which is exactly what your family home is

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merrywidow · 10/05/2011 19:29

*ASSET

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