to think the house should be in my name too

[CharlotteCollinsneeLucas]

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!

Do not agree to this. It could cause real problems if you split up for YOU. Protect your money.

DO NOT DO THIS.
Relationships breakdown. You stand to lose your whole 30% if this ever happens. Can you afford that for you and the kids?

sleepwalking into disaster

Really? I feel like I was waking up and taking a good look at averting disaster at, ooh, about the third post?

He's paying twice as much as you?

OP, you are being V smart to question your name not being on deed/mortgage. I suspect the “duping” was probably done by your XH telling you that you couldn’t be on mortgage which caused some insecurity. Now as long as those credit cards are not maxed out, you should be fine.
Remember the bank just wantS to be sure one or both of you can repay mortgage. Having an excellent credit score is great. BUT If your debts are high, this will affect your DTI (Debt To Income) and lenders don’t like that. So you may be asked to pay off a few things to lower DTI percentage and then you should be fine.
Oh & I’m not sure if UK is different regarding fair lending laws, but in US it is illegal to consider number of children when refusing a mortgage loan. They are not even allowed to ask if you plan to have more.

Alarm bells should be ringing, get ur name on deeds or do not buy. I was in a similar situation and ended up with nothing when relationship broke down. Wat has ur partner said? Please do not buy if ur name is not on paperwork.

I wouldn't get the house unless my name is on the deed. I've seen it happened to an acquaintance who is still in a legal battle with his ex after so many years because of the deed issue. He's your DP as well, not DH which means you are giving your money away.

He's paying twice as much as you?

No. They are contributing the same amount of deposit. The remaining money will be provided by a mortgage which will be in the partner's name but the mortgage will be paid by both of them.

And even if he was paying twice as much as her, her share should be legally recognised.

No No No. Even if you only contribute to the mortgage payment your name should be on the deeds and a 'charge' the legal terms that indicates you have a financial interest in the property..if you put in money to the deposit you definitely should have a legal claim on the property. Please do not sign anything or hand over any money until get you name on the paperwork.

I have no debts so that's all good, too. Thanks for your reassuring post, @torain6319!

The thing with XH worked out ok in the end, I was lucky, I think. In the divorce, he kept the house that was in his name but gave up his right to a share in my pension. (He doesn't have a pension, mine is pretty good.)

That link's useful, thanks @juleswatford. Lots of people have been mentioning declaration of trust and I'm taking it all in, but that helped me get my head around what it is and how to set it up.

Your solicitor is not “talking bollocks” as suggested above. Lenders will not agree to have one person on the mortgage and 2 people on the deeds because it would mean your right to own/ occupy the property would override their charge and their right to repossess if the mortgage was not paid.
You either need to go on the mortgage as a joint applicant, or see if the lender will agree to a deed of trust and restriction registered in your favour to say the property cannot be sold unless you are repaid your contribution. They don’t normally like anyone giving money towards a property residing in the dwelling and often reject any such requests which may complicate them repossessing the house in the event of default, but you can try.
If you are to be a joint mortgagors/ owners then you should look at being tenants in common and with a deed of trust protected by a restriction to record your shares. Ultimately you should have a private client solicitor acting for you if you want to do that to ensure you’re fully protected as a conveyancing solicitor act in the interests of both you and your partner and the lender.

Exactly, @Clare

If you are putting 30% into this house then no way should your name be left off. Do not do this. Get another solicitor or do more research, but whatever you do , do not give money without your name as part owner. If you separate, he can take the house and you get nothing. If this is a solid relationship, then he would not put you in an unsafe position.

Hmm. Totally not unreasonable to have your name on the deeds. There is not only the injustice of your contributions being 'lost' if you break up, if he dies, who does the house go to? Has he made a will? Which of course can be changed without you knowing.

Whatever the current situation is between you now, that could change and every woman needs to protect herself, her rights, and those of her children.

Yes, mortgages can be ported from one property to another.

Good luck.

Lenders will not agree to have one person on the mortgage and 2 people on the deeds because it would mean your right to own/ occupy the property would override their charge and their right to repossess if the mortgage was not paid.

We have a mortgage in my husband's name only and the two of us on the deeds - HSBC.

Well, it appears to be sorted! We are now most of the way through the process of applying for a joint mortgage. Plus the mortgage adviser made it sound like I was an asset not a liability - and it probably shouldn't, but that came as a nice surprise...

Thank you everyone for your support and advice!

That’s great news OP, thanks for the update.

Well done for making that happen.

That's great! All the best.

Lenders will not agree to have one person on the mortgage and 2 people on the deeds because it would mean your right to own/ occupy the property would override their charge and their right to repossess if the mortgage was not paid

Its a policy that disproportionate affects women. Oh what a surprise.

I understand why this might be the case if the mortgage is 90% of the value of the property but this is 30%.

Anyway, whatever the lender's policy, in this case my names goes on the deeds or I don't buy. So they can either get the business or not. I'm sure there are more enlightened lenders out there.

Just wanted to say I’m a SAHM and earn nothing but our mortgage is a joint one and both names on the deeds. Regardless of who’s salary pays what it’s the family home so the mortgage comes out of the family income.

I wouldn't have this. I'm on the mortgage and the deeds!

Great update