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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:
pallisers · 27/01/2020 18:16

Do NOT pay 35% of the value of the house and get no interest in it. Think of your children. Do not do this. Slow this down. Go and see an independent mortgage advisor and see what you can get together. If you split the bills 50/50 you will be paying 50% of a mortgage that you won't benefit from.

TigerOnATrain · 27/01/2020 18:18

No, definitely not, and fuck that.

Do not proceed @CharlotteCollinsneeLucas OR say you will move in with him WITHOUT your name on the deeds, but you will not contribute financially. His name on the house? He fucking pays - the deposit AND for the monthly mortgage payments.

CherryPavlova · 27/01/2020 18:21

It’s essential both parties are on the title deeds. The solicitor is incorrect. Our last mortgage was in my husband’s name as I couldn’t get life insurance and that was needed for the mortgage. The mortgage was in his name alone but the house is in both our names (and always has been).

caketiger · 27/01/2020 18:23

Please get your own legal advice ASAP.

Christmaspug · 27/01/2020 18:24

I’m stay at home mum ,I’m on the morgage ,it’s half mine ,I only worked for one year ..
I would never ever ever ever agree to this .
I’d also be getting married before going on a morgage or moving in together

altiara · 27/01/2020 18:24

If the mortgage is rejected with both names, go elsewhere, if you will own 70% of the house together, there will be loads of places that will give you a mortgage.
Definitely get your name on there.

JemSynergy · 27/01/2020 18:25

Similar thing happened to me, we'd owned a property together previously but when we bought a bigger house we used only my husband's salary details because they were higher, my name then couldn't go on the mortgage. Been together 20+ so I had no worries about it. I did look into getting my name on the deeds but never have.

Jimdandy · 27/01/2020 18:25

I am a Commercial Property Solicitor so I don’t have a huge amount of experience in acting for a lender in a residential transaction but that just does not sound right to me.

As long as the lender can recover its 30% it should be fine. They may be concerned that if they need to bring repossession proceedings they won’t be able to get you out, but this can easily be solved by you signing the appropriate documents.

I take it you are not married? (You used DP) absolutely DO NOT buy this house under these circumstances without protecting your money with a Deed of Trust.

Although you will be a beneficial owner due to your equity not being on the legal title will cause you a whole host of issues of you split up and he turns nasty.

thelongdarkteatimeofthesoul · 27/01/2020 18:26

Oh god be careful!

Are you 100% sure his solicitor/ the mortgage company are saying the house can only be in his name alone, and it's not your fiance misinforming you?

Either way don't chuck a 35% deposit in without your name on the deeds - you're basically giving your money away with no security. Being married is better than not but nowhere near as good as being on the deeds. You definitely need a clear paper trail showing beyond doubt how much you put in.

monkeymonkey2010 · 27/01/2020 18:27

We'll split the bills 50:50, yes. I have four dependents in the house and he has one. So most of the expenses are mine.That's not unreasonable, is it?

It is - if one of you is the lower earner.....i'm guessing that's you?
If you split the bill amounts proportionately according to your incomes, then at least the lower earner has more 'leftover' money at the end of the month.....

If your name is not on the deeds, thern he can remortgage, sell, sign away the house as collateral on a loan etc

Higgeldypiggeldy35 · 27/01/2020 18:29

I can recommend a very good mortgage advisor that I used with my husband when we moved whilst I was on mat leave and between jobs. It was a complicated situation. He was great and did it all over the phone. Feel free to PM me.

TeacupDrama · 27/01/2020 18:33

this happened to us my DH had irregular self employment so I took mortgage in my name only he had to sign something that he would not use his marital rights to the home ahead of repaying the mortgage
however it was different in that we were married so name on deeds or no he has a claim to the house
as you use DP I assume you are not married or in a civil partnership therefore you need to establish a legal right to the property ie 35%
if you only have a 35% stake and you are not married you should not be contributing to mortgage as it will not improve your share ie you own outright 35% DP owns outright 35% and he owns 30% on a mortgage, if you were to split and your name is not on ddeds or legally established you could lose the house completely, etc etc
this is not legally sensible it leaves you too vulnerable

TeacupDrama · 27/01/2020 18:35

@jemsynergy the difference is you are married so have marital rights to home name on deeds or not like my DH but OP is not married so no rights to marital home

blutoo · 27/01/2020 18:43

I think you've been given the wrong advice - you can add any variety onto the name on your mortgage or property deeds - it can be just you, just your partner or both of you. It is up to you both to decide. Your partner could ask for you to be added to the mortgage - it doesn't mean you have to pay towards it. That would sort it out.

billy1966 · 27/01/2020 18:48

Dear Lord OP, think of your children.

Slow down.
Investing 35%of the price of a house and not wanting to push for your name on the deeds.

Jesus wept!

Slow down.

He has seen you coming.

Whose name will be on the utilities?

He could have you out of that house and your 4 children could be homeless.

Why on earth are you so anxious to give a man everything you have, when you have 4 children who need you to provide them with a home.

He certainly does not have your children's best interests at heart.

Slow down and do not proceed until you are protected.

Original poster
CharlotteCollinsneeLucas · 27/01/2020 18:52

The fact that he's tried to convince you that you couldn't possible go on the deeds 🤨 and claimed this was his legal advice 😇 - total nonsense - makes clear that this (and marrying him) is a terrible idea.

The solicitor's email was to both of us Confused He didn't make it up.

OP posts:
Original poster
CharlotteCollinsneeLucas · 27/01/2020 18:58

I work part time, 2 kids I wasn't a liability. Adding me to the mortgage enquiry gave us a better deal as it was seen as more secure

That's encouraging. Fifteen years ago, I just folded in the face of my "reasonable" H backed up by the mortgage broker. Now I'm more willing to stand my ground.

Especially now you guys have made me face up to the importance of it. I knew I needed advice and didn't know who to ask, but I've got a better idea of next steps now!

OP posts:
percheron67 · 27/01/2020 19:01

Speaking from experience OP - please get your name on the Deeds or something legal so that you are financially protected.

messolini9 · 27/01/2020 19:06

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.

Charlotte, PLEASE rethink this statement.
He won't get a mortgage with you, but he's comfortable with you not being named on the deeds?

Tell me again who the liability is?!
If you proceed on those terms, you will have paid 35% for a house you will have no legal right to. He could then decide that you & your 4 kids are too much bother, & then you are not only out on your ears, but he could pocket your 35% investment.

Obviously I could have got the wrong end of the stick - but ask him for a clear & unequivocal answer to the question "& when does my name go on the deeds."

Anything short of "my love, you will be named on the purchase documents before we move in, & your contribution will be protected" - means he's a cunning Reverse-Cocklodger, & I strongly recommend that you run like the wind.

Sweak · 27/01/2020 19:06

HSBC allow you to both be on deeds and one person on mortgage. My solicitor wasn't aware until i informed her and she checked if out with them

I'm married and a sahm. I wouldn't have moved from our previous property to the new one without being on deeds

I trust my husband but its just sensible to be on the deeds too.

Namechangers87171717 · 27/01/2020 19:08

Hi OP, you need to have a restriction put on the deeds - that names that you have to give permission for any sale of the property in the future.

When are you getting married? Once you are married should you divorce you would be entitled to half... but definitely have a restriction put on the deeds. This is very common.

CauliflowerBalti · 27/01/2020 19:09

You can get a joint mortgage, in two names, but with only one income taken into consideration - I know, I have one. My husband's name is on it, it's a joint mortgage - but he works part-time and had been with his employer less than 3 months at time of application.

But it's still a joint mortgage, to match our joint deeds.

AS others have said, there's loads you can do to protect your investment into the property - but you need your own solicitor. The fact that his says this and your partner isn't questioning it raises flags for me - have I missed the bit where he says it can't be right...?

Original poster
CharlotteCollinsneeLucas · 27/01/2020 19:09

Your partner could ask for you to be added to the mortgage - it doesn't mean you have to pay towards it.

I do hope you're right. It may not be possible because he's porting the mortgage. We'll talk to the mortgage provider tomorrow and see. If not, it's back to stage one and applying for a new mortgage...

OP posts:
CauliflowerBalti · 27/01/2020 19:11

(How many times can one dickhead use the phrase 'joint mortgage'?! Sorry guys - proofing fail...)

Arnoldthecat · 27/01/2020 19:11

I always say never live anywhere that you have no legal right to live . That includes not being on the landreg documents,not being on a tenancy agreement etc. I'd also say never move in to anyone elses house unless for the very short term. Its not just about money. Its about the power balance.