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?

But surely taking on the mortgage is the consideration

I don't think the OP is planning on taking on the mortgage. If she is then yes, there could be SDLT payable.

People are saying to remortgage in joint names which would be taking on half the mortgage.

I can’t take on half the mortgage, I don’t earn enough. (I do work full time) but I don’t earn anything like what he earns.

I’m not sure if you quite understand how a mortgage works. The application in joint names would take both your wages added together and your affordability after your combined debts and basic living costs.
You can be named on a mortgage application even if you have a zero income.
How you pay the mortgage is then an agreement between the 2 of you.

I am once again agog that the property wasn't originally in joint names. Being a SAHP does not prevent you being an owner or on a joint mortgage!

I don't believe there would be any stamp duty as surely it could be deemed a gift which is free of tax when married.

No it can’t be a gift if you are taking on a share of the mortgage. If it’s the equity only then yes a gift, but the mortgage company will be unlikely to allow it.

As the spouse, you already own half the property even if you're not named on the deeds. So it's not a gift.

Can you increase the mortgage, do a small drawdown, once your name goes on the mortgage and your salary is taken into account on top of your DH's? That could cover any costs to pay a solicitor and the deed changes.

As the spouse, you already own half the property even if you're not named on the deeds. So it's not a gift.

I haven’t a clue where you get this from. It’s not true.

collaborate amazing isn’t it.

I didn’t know where to start!

@Namechangeforthiscancershit It’s the confidence with which posters come on to Legal and post absolute crap, clearly with the intention that someone takes it on board and acts upon it.

I hope they never go on to any of the Health threads.

Did he buy the house before you met? Because I don't understand how as a married couple the mortgage company allowed him to be the sole person on it. I wasn't working and had no income when we applied for our mortgage but I was still included on the application. The advisor wanted us both on there because it was less risk for them ie if the mortgage payment was defaulted they could come after both of us.

In the event of his death by the way - the house would be yours. If you divorced - you would have a claim in it as it is the marital home. If you are really concerned you can have a charge put on the property - anyone can do this and then the house couldn't be sold without your involvement.

The mortgage provider will insist on the mortgage matching the deeds of the property due to repossession purposes. Therefore no you can't be on deeds and partner on mortgage. However you could complete a transfer of mortgaged property where you can be added to mortgage and deeds. Affordability won't be affected as you would be added to your partners mortgage and he has already passed affordability. Cost varies from each company but generally cheaper and easier if you stay with the current provider.

I'm not sure how you weren't on it - he had it prior to marriage? Because we had to list both of us no choice

I am recently self employed and when we bought our new house late last year, I was not on mortgage application or deeds as there wasn't sufficient proof of income.

We are due to remortgage in 18 months and I will get added then - presuming we can get a decent deal as I will have 3yrs trading records available.

The short answer is no.

To have the house in your sole name you'd have to have the mortgage sole name and you can't afford it.

You should be able to be added to the mortgage and the deeds without much problem. You don't need an income to be on a mortgage as it's assessed on joint income, if your husband's earning enough it's no problem. I'm still surprised people don't know this. Are you sure your husband didn't know this?

yes it’s your joint income that determines how much the lender will let you borrow. Doesn’t really matter if you’re only earning 3k a year, you can still be on the mortgage as a joint owner of the house.

Unless things have changed since we did it years ago. otherwise what would happen if you stopped working for a few years to have kids like I did? They don’t call you back and say “you’re not earning now, your name has to be taken off the joint ownership documents”