To ask if you are married...

[PoisonedApple]

You should both be on the deeds of the marital home or whether it makes no difference in the event of divorce?

both be on the deeds.
friend of mine is in this position - not on any documents. she also has an Islamic marriage so is not protected in law.

Don't accept any excuses, insist your name is on the deeds no matter whether you are both working or he is working and you are a SATM

Yes. You should be on the deed.

What if the mortgage is just in one name? Are you 'allowed' to be on the deeds?

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Dh i

Yes, the house should be in both persons names.

Sorry what is my phone doing. Dh wasnt on the deeds in our first place as was going to cost £200 to add him on so we just waited a few years until we moved.

We have a dilemma, mortgage lenders will lend more to me alone rather than as joint applicants. How do I get DH on the deeds? Its because I'm 15 years younger and DH has CM to pay.

You have to pay at solicitor.

I used to own a property with my dad. This was pre-banking crisis. I paid the mortgage as dad is retired. I couldn't remortgage because my father was on the deeds, and the mortgage was only in my name. The lenders explained that if I defaulted they could not pursue dad for the money or evict him.

So I am not sure are lenders really happy for you to add another on the deeds without them being legally responsible for the mortgage?

I went down to the solicitor and they said for £175 they would add dh on. He was only 21 at the time and we hadnt spoken to the mortgage company or credit checked him or anything. This was in 2006 but we didnt do it as we didnt want to pay.

my DH is not on the deeds. I always assumed I'd have to give him half if we spilt up but it could be a problem if I die before we get round to doing our wills. Is that not the case?

I am not on the deeds and we are married. Solicitor said the only issue may arise if DH dies and doesn't make a will and someone else tries to claim the house. Doesn't look likely - he is an only child, his only close relative is an elderly mother. All the same, i will either get myself put on or get him to make a will. This thread reminded me of that.

Ours is in my name only and has been since we bought it 12 years ago, the mortgage is in my name and we weren't allowed to put DH's name on the deeds. Both the solicitor who did the conveyancing and the one who later did our wills assured us that DH is protected by virtue of us being married and if we were to split he has no liability for the mortgage.

If the mortgage is only in one name only the person with the mortgage will be allowed on the title information document. (I know ''deeds' is the generic term but most properties have everything stored at the land registry now so a print out of the property's title information document is all you need to show who owns the house.) a mortgage lender will not let you just 'add' someone to the title of the property unless that person signs the same mortgage documentation as the original owner.

If you want to make any changes to the title you need to fill out a form TR1 transferring the property from one of you to both of you. I suggest you use a lawyer as the existing title to your property will need to be checked and your existing mortgage lender, if any, may want to check and also sign the transfer, depending on their terms. You will need to pay the lawyer's fee, bankruptcy search fees and the land
Registry fee to register the change. £200 is actually a pretty fair fee as it is more than just form filling if a mortgage is involved.

If you are remortgaging anyway you might as well do it all at the same time, so the old mortgage is redeemed and then the new mortgage and your joint ownership is registered all at once.

If you are owning the property together and one of you has contributed significantly more to the initial deposit or whatever then think about holding the property as tenants in common getting a declaration of trust drawn up. That means you each own a distinct share of the property and can transfer or sell your individual share as you like. The size of each share can reflect the percentage you first invested. If you split then the sale proceeds are divided accordingly.

Most married couples hold as joint tenants so they both own the whole of the property so it transfers automatically to one on the death of the other. All very sweet but if you split the sale proceeds are split 50/50.

I think £175 is a great price! DH and I both owned a flat. We sold my flat to buy a house, which has both our names, so then we enquired how to add my name to the land registry documents for DH's flat. The solicitor has quite a bit to check (as one poster above has listed), and as it's a flat there was going to be all the leasehold/freehold considerations as well, I.e., adding me as a shareholder of the company that owns the freehold. All in all, £700. As we are letting the flat, the advantage of having both of us on the tenancy agreement is that we can share the income tax liability. I earn a lot more than DH, though, so it's actually more advantageous for the rental income to be 'his'. For tax purposes only, you understand. I am more than capable of spending it as my own

I agree it's best at the outset to have it all in both names if you want to be sure you get 50:50 in the however unlikely event of a split.

Its certainly easier in death

yes both of us are on the Deed. Married 29 years

ooops misunderstood the question, I think it depends on what country you are in

It's more of an issue if not married.

We're married. The house is in my name. I earned substantially more than my husband when we bought it, so I bought it by myself. He would be entitled to a share if we were divorce.

I had never even thought about this.

Me and my husband live in the house that he bought 3 years before we even met. I moved in with him about 4 months after we started dating. Obviously the house was only in his name, as was the mortgage and things remain the same now. We both just assumed that as we were married now I was automatically entitled to the house should he die or a 50/50 split if we separated.

Is this not the case then??

I'm watching this thread with interest.

I have a lovely friend who lives with her partner (they are not married). They have 2 children together, and whilst she is named on his assets (not quite sure what that means), she's not named on the title deeds for the home they live in. We are always on at her to rectify that, but she doesn't seem to think it's important.

Writer, if he dies the house will only be yours if he leaves it to you in his will.

If you split the proceeds you are entitled to will vary depending on your circumstances. It's a complicated legal point but as you live there and assuming you have contributed in some way to the cost of the property ie mortgage payments or renovation works etc then you will have an interest in the property under a resulting trust. Contributions to bills or paying for food etc aren't enough to 'earn' an interest in the property.

Any partner who lives at the property can register a note at the land registry stating that they live there so if you did split any new buyer would be aware of it, but it doesn't automatically entitle you to a share of the proceeds.