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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:
LaLaLandLady · 12/05/2011 16:34

OMG. I would be cross and very very upset.

buggerlugs82 · 12/05/2011 16:45

Having your name on property deeds only gives you a legal interest, it does not give you any beneficial interests.

Unless you have an express agreement, i.e one in writing, that you have then relied on to your detriment OR you can show that a common intention exists in that you paid towards the purchase and or mortgage repayments you'd struggle to argue that you hold a 50% share in the beneficial interest.

Also the Matrimonial Causes Act will only come into effect IF you ever divorce, and unless he cheats on you or vica versa or behaves in a unreasonable manner you wouldnt normally get a divorce until you'd been seperated for 2 years and that needs consent from the other party. Its 5 years without consent.

What im trying to explain is that you must insist that if he won't put your name on the deeds, that you have a deed of trust drawn up by a solicitor to show that he is holding the house on trust for both of you uin 50/50 shares.

As a person who has just spent the last month revising this crap for my final law degree exam, believe me just do it.

(to be fair all the cases i read were for unmarried couples, but its simply not worth the risk)

southofthethames · 12/05/2011 17:04

Just to say about people selling the house from under your nose, I suppose you could claim squatter rights or something......but that's still a lot of legal stress and hassle, and if the husband gave the key to the new owners they would have right of access I think, unless you change the locks before the contracts are exchanged. Ooh, it's all very murky (no, am not a solicitor obviously) and just not what Shocked2/OP want if there are other stresses like a breakup or a bereavement. There's probably something about a new owner having to give time for the previous tenant/occupant to move, but again, still a very traumatic situation to be in. Yes, I know it's not common but separating spouses have done that and lots more besides before.

Very glad for OP that her situation has been sorted out. Hurray!

Tiggles · 12/05/2011 17:09

Haven't time to read whole thread but we own a house and have had to move due to job. Despite it being our only house if we rent it out for more than 3 years (isn't selling at moment) then we will have to pay capital gains on it when we do sell it. I have checked with inland revenue. So think your dh is talking rubbish!

microserf · 12/05/2011 19:18

hi OP

not sure if anyone mentioned this, but did you specify how you will own the house jointly? we opted for joint tenants, which means i die, dh automatically gets 100% of the house and vice versa. the other option is to hold as tenants in common (and specify percentages - usually 50/50) and this means if one owner dies, the 50% he or she owns goes through the estate process.

if you are a married couple and no funny tax considerations or inheritance tax issues, joint tenants makes sense. avoids inheritance tax if you are married i believe, but you will need to check this.

on a personal note: makes me mad when one partner goes this "control all of the assets" in a relationship. SAHMs are making a huge contribution to a marriage - how could the other partner work if the SAHM wasn't at home taking care of the kids, running the house etc. my mum's partner did this to her for years, but finally relented once she had "earned" enough years with him. as if her money wasn't involved!

microserf · 12/05/2011 19:20

i should add here: legitimately avoids inheritance tax on the first transfer, ie the 50% of the deceased partner to the surviving partner. inheritance tax is still payable on the death of the surviving partner on the total value of the property.

MamaChoo · 12/05/2011 19:39

Hi OP, you need to get a TR1 form to transfer the deeds into both your names. As your husband is not being removed from the deeds this should not affect your mortgage as it stands. Once you are on the TR1 the bank should put the mortgage in both your names, as you are the legal owners, regardless whose salary the mortgage is lent against or whose wage packet thr repayments are made from.

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