To worry we gave away 100k of my inheritance!

[howdidIgetthere]

My DH thinks I am, but if I'm right then it's in his interest to say that!

Basically, we were in a pickle buying a house last year. We were consolidating houses with my DF to purchase a big house, and hoped that myself of my DF could be on the mortgage or deeds as a safety due to my DF helping with the deposit.

To cut a long story and identifying details this wasn't possible. Neither of us could be on a plausible mortgage, and the lenders wouldn't like us on the deeds either. But we needed a house. So as I was already engaged, we agreed between us that my DF would 'gift' 100k of inheritance to my DH so that he could solely purchase the house, but we would get married beforehand to safeguard my stake.

So we eloped without telling anyone else, my DF gifted the money and the house was purchased in my DH's name only. We had a proper wedding a few weeks after and all is well. As far as I know, because the house was purchased after marriage, I have a stake in the house should we divorce, and can get some of that value back in lieu of my inheritance/not be left with no money and nowhere to live.

However, since the purchase the house has had extensive renovations and its value is increasing significantly. I have noticed that my DH keeps referring to people that the purchase date was back in the summer, months before our marriage. I know for a fact from the deeds etc that the closing date was not until a month after we were married, when the funds were transferred. Before the marriage, the mortgage may just have been accepted, but zero money had been exchanged.

When I ask him about this he says iabu for questioning him, that yes he bought it before we got married ie he's taking the acceptance of an offer on the house as when he bought it. This is obviously very worrying for me, as if he bought it before we were married or some other loophole then in the case of divorce I have lost most of my inheritance and have no stake on the house!!!

I don't know why he is saying this as at the time he agreed it was the best option so that all parties were happy and protected. I have resisted a marital rights notice on the deeds, but otherwise I am still not on the deeds or the mortgage (I don't have a high enough income). So who is BU? Have we been misled and given away my inheritance, or is my DH wrong and for some reason trying to say something that's incorrect?

We couldn't do any kind of charge or lean to I think it's called. My DF is retired so the mortgage lenders didn't want him on any paperwork due to his age. My earnings and credit rating are too low to have been on any paperwork.

You definitely need to seek legal advice op. This sounds like you could be in a very unprotected situation to be honest. I would want to be on that mortgage and the deeds to be on the safe side. Marriage protects some assets but not all, and for example, if the marriage failed early on, finances aren't always plot as fairly. If your DH claims the house as his, and shows the 100k was "his" i.e was paid from his bank account, without being on the mortgage/deeds, I'm not sure where you stand. Especially with no minors being involved in the decision making as to who gets what.

Yes I think we are tenants in common, I did have to sign some paperwork about my living there at the time of completion. I was a little concerned that I wasn't on there as his DW but it was all new to me I'd never been involved in a house purchase before.

There is a lot in your OP that makes no sense to me. Did you actually speak to the conveyancing solicitor yourself (given that you you were contributing a huge amount of money to the purchase)? Or did you just leave your DH to do it all? Why would the vendor not want you to be on the deeds? The vendor has nothing to do with the buyer's mortgage application either, so they shouldn't have an opinion on that. Where did this information come from?
I agree with pp that the date of purchase is the date of completion, not before. I am afraid I think your DH is pulling the wool over your eyes. You say you eloped? Are you sure you are legally married?

The house was completed on after marriage so is absolutely an asset of the marriage. That does not mean that in the event of divorce and if the house that you'd get back your £100k - you wouldn't. If you don't have any children to house then best you could hope for is half the deposit - ie £50k.

So why on earth did your father give the money to your dh rather than you?

At the time of seeking a mortgage we weren't married. By the time we got married (very quickly as we went abroad) I think he had already accepted a mortgage offer.

This all sounds really fishy. Do you have bad credit? Because your score means basically nothing. And a lot of lenders will allow three people on a mortgage, and so long as the financials are met they don’t really care who is earning what (although the lead person is normally the one who earns the most).

You need some urgent legal advice. Aside from this though, your husband is wrong. The date your purchase was completed is the important one.

You're not tenants in common because you don't own any of the property. It's all his, including the £100k

As I said at the time of getting the mortgage offer we weren't married. I was told no mortgage lender would touch me with a bargepole as I have a couple of very old defaults. When we got married I think he'd already accepted an offer and the broker was very pushy saying we couldn't lose that offer, we were also on a time crunch.

My DF couldn't have gifted it to me, my DH needed it to give as part of the deposit.

Push to be put on the deeds. If he says there's no need, tell him it's only right you're on the deeds - it's your father's money that purchased your father's house!!

Well, the 100 grand came fron your side so was that not acknowledged in any way??

Oh dear. Where "abroad" did you get married? Have you had a legal ceremony and a certificate signed here?

Abroad? Which country? I do hope one that the UK recognises marriage certificates in.

You may be able to register an interest on land registry. Ask a solicitor.

Oh I’m so sorry OP but it really sounds like he’s pulled a number on you! If you did split at the very best you’d get half of that. And that’s the very best outcome.

He didn't you know. Sorry but your dh sounds dodgy as hell and I think you've lost the lot.

oh @HotToddyColdSauvignon is it just an online form to add me to the deeds? I was told you have to make an appointment with the bank I guess that's to change the mortgage

I am still not on the deeds or the mortgage (I don't have a high enough income)

You are married. There is no reason that as husband and wife you should not both be on the deeds .

I would be very very wary and get some decent legal advice.

When we bought a house together in 1999, the mortgage was based solely on my income. DH and I are both on the deeds, as joint owners so the house automatically passes between us on the death of the first.

I would be concerned - it’s not true that there would be an issue with you being on the deeds (or the mortgage) - if your DH told you this I think you have a problem.

You need legal advice OP. ASAP.

There are minors involved we have multiple DC from previous relationships

is my DH wrong and for some reason trying to say something that's incorrect?

The house was bought when the purchase completed. Him telling everyone the wrong thing does not change the truth, will not affect the outcome of any legal dispute, so isn't really a problem.

He does currently own the house though. If he got into debt, I suppose the house could be sold to pay his debts.

The situation isn't ideal, but as far as I can see, you have what you signed up for, so not sure that there's anything to complain about. That doesn't mean you shouldn't try and improve your situation.

Who told you?

No my credit isn't really bad, it's just not good. it's just below the threshold

Many people who made offers on property but never completed will appreciate the windfall. If that's when he bought it then did he need insurance from then or perhaps on completion? Let's hope his very important job doesn't relate to property law. Good luck in tidying things up.