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AIBU?

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Original poster

to think the house should be in my name too

248 replies

CharlotteCollinsneeLucas · 27/01/2020 17:12

DP and I are buying a house. We're each contributing deposits of about 35% of the value, with the final 30% being DP's mortgage which he's moving over from his current house.

The solicitor's just said the legal title has to match the mortgage offer. So since the mortgage is in his name, the house has to be, too.

I feel really insulted! I'm paying for a third of this house, but I can't have my name on the deeds?

I fully admit to knowing almost nothing about house-buying, but I wasn't expecting this. It seems so unfair!

OP posts:
Fairylea · 27/01/2020 17:13

You can have a deed drawn up to protect your investment I think or your dh can have you added to the mortgage... ?

BornInAThunderstorm · 27/01/2020 17:13

I wouldn’t invest any money in a property that wasn’t in my name. Is it possible to get a mortgage together for the final 30%

PetraDelphiki · 27/01/2020 17:14

It’s wrong too! Get your own lawyer and don’t hand over any money/sign anything until you’ve had independent legal advice,

Barbarella1 · 27/01/2020 17:14

There is absolutely no way I would proceed if I wasn’t on the deeds.

GinDaddy · 27/01/2020 17:15

Couldn't you both approach his existing lender and say you'd like to change from single to joint?

If you do this, you'll most likely be credit checked and go through the usual application stuff, but most lenders are very used to this request and will have a process in place for it. They'll most likely charge a fee (of course!) but it won't be onerous.

I think you should broach the question with him and make sure you get your name on those deeds. Putting 35% into a house and not having your name on the legal document seems a bit off to say the least.

Theonewiththecandles · 27/01/2020 17:15

Completely incorrect. You can have both your names on the title and just him on the mortgage - known as an indirect charge. The tricky part is whether the mortgage company allow this as some don't, but it's absolutely possible for a solicitor to do this but only with the agreement of the mortgage company

SimonJT · 27/01/2020 17:16

Get a mortgage together for the remaining 30%.

Saying that I part own a flat with a friend, I paid the deposit, he is the only one named on the mortgage but we are both named on the deeds.

Fairenuff · 27/01/2020 17:18

No way would I invest in property that didn't have my name on. Get the mortgage in joint names if you have to. (Your DP can't 'move a mortage' from one house to another, he has to pay off the first one and take out another one. Get independent financial advice, it's free.

BaronessBomburst · 27/01/2020 17:18

You can have your name added to the mortgage.
Do not proceed without your name on the deeds!

Sallycinnamum · 27/01/2020 17:19

Your solicitor is talking bollocks. You can be on the deeds even if you don't have a mortgage.

I'd strongly advise getting a tenants in common set up asap which will legally say what percentage you've both out in to the house.

Finally OP get yourself financially clued up and don't but that house without going on the deeds.

Original poster
CharlotteCollinsneeLucas · 27/01/2020 17:20

I'm not sure he would get a mortgage with me: I work part-time and I have four dcs, so I'm a bit of a liability, I think. I know this happened before when I was with xh - we applied together and got rejected, he applied as a sole applicant and got accepted. It was infuriating!

OP posts:
DoesItGetAnyBetter · 27/01/2020 17:20

Nope. I wouldn’t do this and am also pretty sure it’s incorrect.

cologne4711 · 27/01/2020 17:21

Sounds like the mortgage system is set up to make women vulnerable.

No, don't agree. It has to be in your name too.

raindropsfallingonglass · 27/01/2020 17:22

I don’t think working part time or having children should make you a problem to lend to, but if there are issues with your credit rating/financial history that might affect things

Original poster
CharlotteCollinsneeLucas · 27/01/2020 17:22

Your DP can't 'move a mortage' from one house to another, he has to pay off the first one and take out another one.

The mortgage company told him as he was porting his mortgage, the application would be accepted, but if it had been a new application it would've been rejected.

OP posts:
Sallycinnamum · 27/01/2020 17:22

Look OP in the kindest possible way don't be a bloody mug. It doesn't matter, you can be put on the deeds. Don't leave yourself open being financially vulnerable.

Hoohaahoo · 27/01/2020 17:23

I can’t understand why you can’t have your name on. I got a mortgage with DH when I was a sahm, no one said anything about not putting my name on.

MayFayner · 27/01/2020 17:23

You have 4 DC from a previous relationship, you’re not married and you’re going to give this man 35% towards a house you won’t own?

I don’t think this is a good idea.

TheFaerieQueene · 27/01/2020 17:24

Don’t invest in this house if you are a) not married and b) not on the deeds.

firstimemamma · 27/01/2020 17:25

"I'm not sure he would get a mortgage with me: I work part-time and I have four dcs, so I'm a bit of a liability, I think. I know this happened before when I was with xh - we applied together and got rejected, he applied as a sole applicant and got accepted. It was infuriating!"

Which bank are you going with for your mortgage? Natwest are very good and (obviously in certain circumstances) partners in zero hour contracts are able to be included and have their name on everything. Might be worth giving them a try.

Either way I'd never proceed as your partner wants you too, it seems so unfair!

DogInATent · 27/01/2020 17:25

Get your own solicitor. Only 30% of the property value is being mortgaged.
You're getting taken for a ride.

You need to establish the joint ownership and who owns what share of the property value. You want to be tenants in common and you need to decide what's happening with the 30% that's being mortgaged - who's paying what, and how will that affect the shared ownership.

You also need a will to be written to reflect this.

You do not want to sign up to the default option you're being offered.

(just a guess, but is this a local solicitor you're dealing with face-to-face or an online conveyancer that's being offered cheap as part of a deal via the estate agent or mortgage company?)

catlady3 · 27/01/2020 17:26

That doesn't make sense to me OP. The way our mortgage is, we're both responsible for paying it. That means even if I can't pay, my partner has to pay. So really, adding you to the mortgage (seeing as it's exactly the same amount) means they have an additional person who would be responsible for paying, i.e. less risk. And with 70% equity, that seems even more ridiculous? I'd really get some independent advice because that doesn't make sense on any level, and I certainly wouldn't hand over any money at this stage.

PickAChew · 27/01/2020 17:26

I don't work and dh and I got a joint mortgage.

AnnaMariaDreams · 27/01/2020 17:26

YANBU
See a solicitor, there are all sorts of solutions to this.
When DH and I bought together unmarried I had 100k equity and he was a FTB with no deposit. We have a deed of trust so the first 100k was mine if we split and sold.
Fast forward to now and he’s been overpaying the mortgage for years as he now earns more. However my parents are gifting us 100k to clear the mortgage.
Complicated but we’re happily married so I don’t worry about it.

Trying2019 · 27/01/2020 17:26

I think the solicitor has given incorrect advice. I know plenty of people through my work who own the house in joint names but only one on mortgage. Isnt there just a form you have to sign promising you wont squat in the property if the mortgage company reposseses? Either way with you investing so much money the solicitor should be advising you to get independant legal advice xx