Can you put a house in someone else’s name?

[MaryPoppinsPenguins]

It still has a mortgage on it, my DH would keep paying it but for various reasons wants to put the house in my name. I’m not currently on there and we’re married.

Is this possible?

Yes. Subject to the consent of the lender.

Do you mean the deeds or the mortgage?

The deeds, so the house would technically be mine rather than his. Can you do that when he’s paying the mortgage?

I don’t think so, but he will need to contact the mortgage provider to find out.

Would he remove his name and only have your name on the deeds?

Whilst there's a mortgage it technically belongs to the lenders.

I don’t think the mortgage company would let that happen. Do you earn enough to make the repayments on your own? If not the mortgage company would be worried about you being able to make the repayments if your dh was to walk away from the house/you. Could you also remortgage and put the mortgage in your name?

Only the lender can answer that

Reason being, the house is currently security if your DH were to default on the mortgage payments.

However, there may be a way round it, such as a Charge or similar. Mortgage company will advise.

Your name could be added to it, but really speaking there’s a reason why people want to strip themselves of assets, and it usually isn’t for purely selfless giving is it?

Seems really unlikely that the mortgage company would agree.

They might agree to add you to the mortgage so that this could happen but you’d need to be careful you don’t end up with an SDLT bill.

Why does your DH want to do this?

It’s mostly about me feeling like despite my money etc also going into the house, nothing says that it’s mine. He said he’d happily put it into my name if it was possible.

When ‘we’ bought it I was a SAHM to our kids so he got the mortgage etc on his own. I work now and do contribute. (Couldn’t cover the whole mortgage on my own though.)

Can you not just make it joint rather than in your sole name. The lender may be more likely to agree to that

He would be in breech of his mortgage conditions to do this without their consent

So it's about your financial entitlement, giving you more security. You would have a legal claims on the house anyway; You will have to check with the mortgage company if you can be joined, am guessing that would be ok, as your husband should have declared you as living there. I agree with previous posters that I doubt your mortgage company will allow it to be transferred into your name (I don't know the stamp duty implications either). What you need is a postnup confirming your agreed share of the marital pot.

He could make a declaration of trust in your favour as an alternative approach.

Yes with the mortgage company's consent - XH did this with his first wife as part of their divorce.

If it's about feeling that you have an equal financial position, why not just own it in joint names instead of his sole name? That can easily be done.

Sometimes couples do this when the husband (if the husband is transferring the property) is in financial difficulties, to try to prevent the property being taken by the trustee in bankruptcy. Usually this doesn't work, as such a transaction can be set aside if it occurred within 5 years of the bankruptcy.

There is nothing in the OP's posts to suggest that this is the case here, but I thought it worth adding this point for general information for others reading the thread.

Put the house in both names. If you make a will, leave it to him. He makes a will and leaves it to you. If it’s just yours, and you don’t have a will, it would probably have to be sold. He may not inherit it if you don’t leave it to him. Don’t allow that to happen. Remortgage with both of you on the mortgage. Then you both should be owners.

Remortgaging with both names would cost them in SDLT though surely?

He could add your name to the mortgage. Need to contact the mortgage co really for further clarification and guidance

If you’re married then the house is a marital asset so you’d have a claim to it anyway even if it was in only his name. Equally if you put it in your name he’d have a claim on it. So what you’re trying to do seems pretty pointless.

And no, your lender won’t let ownership be with you and the mortgage be with your husband.

Adding you when the mortgage next gets renewed seems to achieve what you want.

Remortgaging with both names would cost them in SDLT though surely

Only if the OP buys her share from her husband. If he gives it to her free of charge (which is what I would expect from the OP's posts) there is no SDLT payable.

I’m currently being added onto the remortgage of our home due to bad credit I couldn’t go on the mortgage originally.
As part of the legal work it’s costing approx £250 to change to joint tennents meaning the house is 50/50

prh47

But surely taking on the mortgage is the consideration? As with example 2 here www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property

I assume you would need mortgage / bank provider approval and all paper work via solicitors