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Locking into a five year mortgage without my name on it

35 replies

MamaFandango · 12/01/2023 08:48

I’m just looking for some advice and to ask if I’m overreacting/being unreasonable.

Please bear with me as this may be a long one!

Myself and my partner have been together for around seven years. Before meeting my partner I had been renting a two bedroom house for me and my son (now 9) from a previous relationship. My partner owned a small flat in a nearby town. We got pregnant with our daughter (now 4) and started looking for houses to buy. This was just as the pandemic was hitting so mortgage companies started being more strict on lending etc.

We were rammed for space in my rental and by the time we found a place we loved that was affordable my little one was 1.5. She had been sleeping in my room with me while my son had the other single bedroom. We were delighted when we got our offer accepted on our house. However, when our broker started looking into our mortgage we had a problem getting a joint one due to me having an old default on my credit file. It was for around £800 and was paid off years after but still showed a blight on my report - along with a couple of other missed payments etc.

I work full time and earn an average wage, my partner earns double what I do so the broker ran numbers and found that we would be able to get a mortgage under my partner's name. Obviously this was horrible to hear as I wanted to be on the mortgage too, both for security and just so that we jointly owned our first proper family home together.

Due to how hard it was to even get a mortgage at the time though, and not wanting to miss out on our dream home, we pushed ahead so we didn’t lose the house. I didn’t feel 100% comfortable but we were desperate for space and he said it was still our home etc.

We were put on a fixed rate and ended up having to pay 15% of the mortgage as a deposit - which was made up of £22,000 from myself and my savings and the other £32,000 was paid by my partner's father (he paid his part back when he sold his flat and got £10,000 back from a second home tax refund).

We moved into our home in September 2020 and absolutely love it here. The kids have integrated well in school and nursery. We have split the mortgage the entire time down the middle and I pay half every month and have never missed a payment. This goes into my partner's account and the mortgage comes out of that. He pays for the council tax and electric and I pay for other bills such as car insurance, road tax, Sky, internet, food for me and the kids when he is at work etc.

Our fixed rate has just ended and the mortgage has fell into a variable rate. I’ve told my partner to call them up to ask what they can offer as a fixed rate for two years to see if we can get a better offer as it’s jumped up £300 extra per month straight away. I asked him if he can find out what they can offer for two years and then after that ends the default in my credit history should be off by then (goes off in a year) and we can remortgage jointly, finally! He agreed with this the other day but this morning, ahead of an appointment this afternoon with the mortgage provider, has said he has spoken to his dad yesterday who has told him he would be best to lock into a five year fixed rate. I said that this would then block me from going on the mortgage and having that peace of mind/security for five years instead of another two just now. It already makes me feel anxious that I have paid so much into the home and don’t seem to have much legal standing as technically he is the sole owner of our home. He’s also made comments in the past such as “I’d just throw you out if you did that” and “it’s not my fault you couldn’t get a mortgage”. I've been asking him for over two years, since we got the house, to sort out a will to mention if the event of anything happening (hopefully not!) that what we have in the house goes to me and the kids. He still hasn't done this despite numerous requests.

He’s acting like I’m being unreasonable regarding him fixing himself in as the sole owner for another five years. However, I feel that we should be making these decisions as a couple/family and it shouldn’t change just because he follows whatever his dad says.

We got into an argument and he left for work. He works away so lives/works down south most of the month so it’s me and the kids at home on our own most of the time. We are also expecting another child who is due in the coming weeks.

AIBU to think we should be making these decisions together and to want to get on the mortgage together as soon as impossible? Any advice on where I stand with regards to the house too would be appreciated.

We are not married/engaged. He works full time away away and is home a third of the year. I work full time and see to the children. I’ve just went on maternity leave but plan to return back to work at the end of the year.

Thanks for taking the time to read. Also, I know I was an idiot to get a default. I’ve worked really hard over the years since to get my credit into a good place now so have been looking forward to finally getting that default dropped off my credit history.

OP posts:
Everydaywheniwakeup · 12/01/2023 08:52

Why don't you get married? You are in a really dodgy position at the moment.

dammit88 · 12/01/2023 08:56

I agree - if you were to get married you would be protected, it seems the logical thing to do here.

isthewashingdryyet · 12/01/2023 08:59

Get married, or get to a solicitor to draw up a watertight document that protects your deposit and contributions to the mortgage and thus the house.
I would expect the wedding to cost less and be more watertight.

isthewashingdryyet · 12/01/2023 09:01

And do not give up work as you may need a career and ability to support yourself and your own pension at some point

sunseaandme · 12/01/2023 09:04

Why does him/his dad want to lock into a 5 year fix? Interest rates are really shit at the moment so I would think you are better off going to a 2 year as within 2 years I think interest rates will be much better by then anyway. You need to speak to a mortgage broker (I work for a mortgage broker by the way)

Usergjdksndjsn · 12/01/2023 09:10

So he makes comments about kicking you out of the family home
he’s not made a will despite knowing how you feel
and he’s wanting to lock into a 5 year deal, without you.
the whole time you’ve paid a huge deposit and half the mortgage, whilst doing all the house work and childcare too, and taking the career bit of multiple mat leaves?
and he can’t figure out why you may be upset?

i know pp are saying marriage, and that would resolve a lot of issues for you. But couldn’t it be seen as an asset he brought to the marriage? I don’t know enough about divorce, but I’d check that. Also I know dh would never kick me out, or try take the home from me or even threaten it. if I felt like he would then that wouldn’t be someone I’d want as my life partner, or someone I’d have wanted to marry. So I don’t think marriage necessarily fixes your issue

yanbu

BlueSuffragette · 12/01/2023 09:10

OP you need to protect yourself as you are very financially vulnerable. You need an honest conversation with DP and tell him you want to get married asap. Prior to that you also want your name added to the deeds of the house.

Minimalme · 12/01/2023 09:12

He could have put you on the deeds of the house and married you.

The fact he has done neither and makes you pay half the mortgage plus bills makes me think he isn't to be trusted.

Sorry op - at the very least, tell him while you are in maternity leave he needs to cover all the mortgage and start trying to build your savings back up.

In your position, I would tell him that you refuse to pay for anyone you have no legal share of. Unless he puts you on the deeds and married you, then you will be saving your half of the mortgage until you have built up the 22k again.

Leooooo · 12/01/2023 09:13

Are you not on the deeds? You don't have to be on the mortgage to own a share of the house. Speak to a solicitor

ZoBo2023 · 12/01/2023 09:13

The proportion of the house you own (the deposit you paid plus half the mortgage so far) can be added to the deeds without you being on the mortgage. Also I don't think it is wise to fix for five years. I would fix for the minimum as interest rates may get better within that two year time frame, they are not likely to go higher than they currently are.

MintChocCornetto · 12/01/2023 09:15

Is your share of the deposit and equity protected OP?

Or did you literally hand your money over and your partner has it all in his name?

titchy · 12/01/2023 09:16

Oh dear, you don't even have a joint account. The money you transfer to his account each month is rent.

At least that's what it looks like legally. Don't do anything till you have your name on the deeds and a ring on it.

Chrimbob · 12/01/2023 09:19

He threatens to throw you out? That's appalling behaviour. You're paying 50% of a house you have no rights too. Your partner us away 2/3 of the year so you are solo parenting whilst working FT. There are so many things wrong with this situation.

Luana1 · 12/01/2023 09:20

You100% need to get married.

butterfliedtwo · 12/01/2023 09:21

Yikes. He's the unreasonable one.

Whatsfordinnerglutenfree · 12/01/2023 09:22

You need your name on the deeds.

Quitelikeit · 12/01/2023 09:26

you can see a solicitor and get something drawn up. That won’t be an issue at all.

however the issue for me is that this ‘man’ makes you pay out half of all bills even though he earns double your income

he expects you to work full time with three kids and he’s away most of the year?!

what a joke!!!

you must really love this person

and im sorry I agree with his father - if the 5 year fix was cheaper then you should do it. It’s madness to pay out extra hundreds of pounds a month just so you can be on the mortgage

just see a lawyer who will draw the deeds of variation up

also it’s v worrying how you have no trust in this man either

Quitelikeit · 12/01/2023 09:26

Well you trust him enough to have his baby

Talia99 · 12/01/2023 09:26

At the very least, if you aren’t a registered owner, you need a deed of trust to protect your deposit and at the very least your mortgage payments (your share of the equity would be better). You need to speak to a solicitor.

If your partner refuses to sign the deed of trust, that says everything you need to know.

Fushiadreams · 12/01/2023 09:31

I never understand these comments of why don’t you get married. It’s like the man is an inanimate object with no say in the matter.

op he can do a legal document giving you half the property if it comes to a split, and you can also go on the deeds.

if he refuses then you know he’s doing the 5 years as he wants to have it only for him.

titchy · 12/01/2023 10:45

Sorry I totally missed that he 'works away' two thirds of the time. Wow. He's married with a family elsewhere isn't he?

barneshome · 12/01/2023 10:51

Get married or just do NOT do it

FlowerArranger · 12/01/2023 10:56

Why oh why do women do this to themselves.

MamaFandango · 12/01/2023 10:56

Thanks for all your responses. I think it's clear that I really need to speak to a solicitor and I've been a little naive here with not thinking with my head.

There's a lot to respond to so i'll put a few more details in here -

I transferred the deposit money over via bank transfer and I transfer half of the mortgage each month under the title "mortgage". That's all I really have of proof what I have paid and probably some messages back and fourth.

When "we" were buying the house, it was a mad rush at the end as we had lost out on a previous house due to Covid and the sellers other house not being ready. So when we fell in love with this one we were desperate not to lose it. The broker said everything would be fine, we sent everything he asked over and it was only right near the end, after weeks he discovered an issue with me being on it. We had to move fast and decided so not to lose the house to move forward with it. I'm sure I was told at the time the mortgage provider would require whoever the mortgage name is in to be on the deeds. As I did ask at the time. But now I'm thinking that this may not be true.

Although we do half the mortgage and I pay some of the bills, he does pay more as he covers our car payments, plus the utility bill (which was over £300 last month) and council tax, childminder to look after kids some mornings before school when my mum can't help. He also has to pay for his rental house down at his work and travel to get home etc which is factored into his pay.

Also, I chose to go back to work full time as I was offered a promotion I couldn't turn down and love my job, as well as having extra cash for my own things.

I feel like an idiot for not pushing harder to have something legal to protect what I put in, especially when we first moved into the house, but yes I did trust him and still do so that's why I went ahead with it. Plus I was heavily sleep deprived as my little one barely slept for the first year and a half when she was in the same room as me so I was desperate for some extra space. It's mainly moving the goal posts now with the whole five year fixed in mortgage that is worrying me now.

Marriage-wise - we have talked about it since we met. He says he wants to but has never popped the question. It's been a "by the end of this year you'll have a ring on your finger" every year since we met. But I have to say that this has not been helped by other financial situations popping up ie services and car bills, we've also had a few holidays in there too.

He's a great dad and comes home as soon as he finishes work, after long shifts. I am going to speak to a solicitor and put it to him that we need to get something legally written up.

I just wanted to gauge whether I was right to be concerned and annoyed by this as it was made out that I was overreacting.

The comment about "I'd just throw you out" was said in a joke way when he was joking about if I ever ran off with someone else (I think we were talking about a couple on tv). It was still completely unnecessary though and highlighted to me the feeling of vulnerability I do feel in this living situation.

OP posts:
MamaFandango · 12/01/2023 11:02

Sorry I should clarify how much he works away - he will work for say seven days straight then back for a few days then will be back to work for another seven and so on. He flies home to us within hours of finishing his shift. He calls me from work to speak to the kids at bedtimes etc and works 12 hour shifts.

OP posts: