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Legal matters

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House title deeds when married

43 replies

oliviablue9 · 15/11/2019 11:04

IL’s have kindly bought a house for us. I am so grateful beyond words.

They have put DH alone on the title deeds. I wouldn’t have questioned this had anyone not said anything about it.

But recently the ILs made a point in telling me it was protecting both of us, and I started to get a bit uneasy, because I’m not sure this rang true. But I have a poor understanding in property and legal.

Is there anything I should be considering, in case if circumstances where DH is no longer with us for whatever reason?

We have been married 10 years with children.

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rosie2345 · 15/11/2019 11:08

I don't know much about these kinds of things but it doesn't sit right with me either. Sorry OP. To me it seems quite strange and pretty insensitive at best, but then I do tend to read too much into things. Not sure if it would be worth picking up on, perhaps just try to shake it off and not over-analyse it? Interested to see what others think!

oliviablue9 · 15/11/2019 11:17

Past experiences of living having no rights or protection have left me feeling very vulnerable, I just want to understand what’s going on really

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Blossie0 · 15/11/2019 11:19

Are you married? This will give you some rights if anything was to go wrong. Make sure if you pay towards maintaining the house etc that you keep any proof as this will also give somewhat of a claim. It's not ideal and you could just ask your partner to put you on the deeds without IL knowing if he was happy too.

frazzledasarock · 15/11/2019 11:20

I’d get legal advice.

Having been married ten years with joint children in the event of a divorce you would be entitled to a share of the house regardless of whether it’s only in your DH’s name.

Are you paying towards the mortgage?

Have you seen exactly who is named on the deeds?

oliviablue9 · 15/11/2019 11:23

No mortgage required.

It’s just in my husbands name.

I’m the one paying for the furnishing of the whole thing, ironically

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ChicCroissant · 15/11/2019 11:26

If your DH is the sole person on the deeds and you are married then I dont think there would be a problem if anything happened to him.

Depending on the value of the house you may have to pay stamp duty on your half if he puts you on the deeds.

I wouldn't be happy not being on the deeds myself tbh, but there again I can see the point of the parents if they have paid for a house!

HeyHeyWhatever · 15/11/2019 11:29

You are married so you have rights of occupation and a potential interest in the house in any event.

Your husband would have signed all the transfer documentation on purchase, so it looks like he didn't question his parents decision that the house would go into his sole name. Why was that? He wouldn't have been passive in that transaction.

There is nothing to stop you transferring the house into your joint names now, and his parents would not have any power over that decision. They don't even need to know. Have you talked to your husband about it? What would be his objections?

oliviablue9 · 15/11/2019 11:29

I wouldn't be happy not being on the deeds myself tbh, but there again I can see the point of the parents if they have paid for a house

I completely agree and understand this too. Sticky one tbh!

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HappyPunky · 15/11/2019 11:33

It should be classed as a marital asset but I wouldn't be happy and I'd set up a joint account that we both pay in to from our current accounts to cover household bills and expenses including furniture.

oliviablue9 · 15/11/2019 11:34

Have you talked to your husband about it? What would be his objections?

I thought I’d ask you all first just so I have some reasoning behind it. I’m not sure he’d have any but he’d never do anything to upset his parents views either.

I don’t want to be the one who’s out on their ass but the rest of my family are secure, ykwim?

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bullyingadvice2017 · 15/11/2019 11:34

Get your name on them NOW!! I was in a very similar position. Dh of 10 years 2 kids. Owned house outright with only his name on the deeds.

When I found out he was a cheating lying shit.... my life wasn't just turned upside down I then for the first time realised that although yes I had rights as his stay at home mum wife etc... that's no immediate help when you need to find somewhere to live etc..

Luckily he had enough of a conscience to not be a twat about it and he got a mortgage and paid me out fast.

If he was being hard work I could be still stuck in rented now

I really hope you never have to be in that position op. And I'm not saying you will do. But please don't leave yourself so dependent on any other person being honest and doing the right thing in any unknown future scenario.

I'd also feel like your in-laws had gifted him a house rather than you as a couple.

Hadalifeonce · 15/11/2019 11:39

His parents don't need to know if he puts the house into joint names; also, technically, it's none of their business, the house was a gift.

ReturnofSaturn · 15/11/2019 11:40

Wow I can't get over you having a house bought for you!
I'm so jealous! EnvyGrin

stucknoue · 15/11/2019 11:44

If it's in your husband's sole name then he can add you without your il's knowing. Problem solved

oliviablue9 · 15/11/2019 11:45

returnofsaturn I mean in terms of having a family home ITS AMAZING I could cry every time I think of it! I have had a neglectful upbringing and never in my wildest dreams did I think I’d see the day.

Trying to wipe the starry eyes away a bit though and be adult-y and think about any consequences.

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oliviablue9 · 15/11/2019 11:47

If it's in your husband's sole name then he can add you without your il's knowing. Problem solved

So, say I was to speak to DH, how can I reason with him?
His default position will be with them

(no wonder tbh, he’s getting a house Smile)

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rosie2345 · 15/11/2019 11:47

I think Hadalifeonce has a good point. If it was a gift then your husband could get your name added and they wouldn't need to know. Perhaps that's the solution. Good luck and congrats on the house!

SingingLily · 15/11/2019 11:51

If it's in your husband's sole name then he can add you without your il's knowing. Problem solved

I second this. My DH was sole owner of his house and I was sole owner of mine when we got together. I sold mine. He gave me half of his house through a legal deed drawn up by his solicitor, making us joint tenants. It was a simple procedure and cost peanuts. And it was nobody's business but ours.

popcorndiva · 15/11/2019 11:55

I am on the other side of the argument. I own 3 houses and all just in my name including family home. They were bought with money from my parents and my DH agrees as it's my family money he doesn't see it as his.

OlderthenYoungerNow · 15/11/2019 11:56

I'd be more worried about your husbands attitude of wanting it kept in his name. What's his reasoning? How would he feel if the roles were reversed, honestly? My in laws gave my husband a gift of 20k to put toward a deposit for our house before we were married. We attempted to get paperwork drawn up to protect it should we split and sell the house. It was going to cost £2k and instead my husband just said to his parents that he didn't want to spend 10% of their gift on the paperwork and he said he didn't want to start our lives together in that way. I knew I'd not screw him over but his actions about trusting me spoke volumes about how he felt about us as a family.

TheHodgeoftheHedge · 15/11/2019 12:00

This was categorically not done to protect you in any way.

Why on earth would your DH not be happy with you being on the feeds? It’s either a joint home or it isn’t!

HugoSpritz · 15/11/2019 12:04

This reply has been deleted

Message withdrawn at poster's request.

muddledmidget · 15/11/2019 12:07

I don't have children which I appreciate does make a difference in that I have never had to cut my hours at work/take maternity leave/not pay info a pension so appreciate my scenario is a little different. But I live with my husband of 10 years in a house solely in his name that I have invested a considerable amount of my own money in and have never challenged the deeds, accepting the risks to myself.
In the event of divorce, the division of assets will be decided by us/the courts and this doesn't change depending on whose name the marital asset is in.

The time when you're vulnerable is if he dies, either without a will, in which case assets are divided among remaining family members and could mean the house is sold to meet the obligations. Or if he leaves a will leaving the house to someone else. This could be challenged with sufficient evidence but is an unnecessary challenge at a difficult time. So I would use his death and unnecessary paperwork at tge time to be the main focus of my argument with your husband and his family, a will can be rewritten at any point and without your knowledge so it does not provide satisfactory insurance in your situation

oliviablue9 · 15/11/2019 12:10

I think, it’s been said very little, that in his will is to be for the kids

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oliviablue9 · 15/11/2019 12:31

muddledmiget this is helpful thank u

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