Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Husband not on mortgage or deeds

28 replies

Noooodles · 04/05/2020 20:32

Just after some clarification on my house. It was bought before I met my husband. The house is in mine and my dads name. I’ve always paid the mortgage (to him and it comes out of his bank account). Dad is on the mortgage as I could afford it but could actually borrow the amount I needed unless he put his name on the mortgage too. I’ve had the house over 15 years.

I’m now married and my husband has been living with me for 9 years. There’s no issue, no one is splitting up or anything but there’s a family row going on. Dad thinks my husband legally has no rights to the property if something were to happen to me. I think my husband has some claim on the house as part of the marital assets. I can’t seem to find anything online to clarify... anyone help?

OP posts:
Original poster
Noooodles · 04/05/2020 20:32

That should say “couldn’t” borrow the amount

OP posts:
Kingjarvis · 04/05/2020 20:33

He should be on the deeds. You’re married.

adelaya · 04/05/2020 20:36

Is the mortgage joint tenant or tenants in common

Ilets · 04/05/2020 20:36

If you die you mean? Yes, depending on how you and your dad own it, it might go to him not your husband. Tenants in common vs joint tenants

Original poster
Noooodles · 04/05/2020 20:44

I think it’s a joint tenancy but where would it be stated? Would it be on the original mortgage paperwork?

OP posts:
cstaff · 04/05/2020 20:48

If you have been paying the mortgage the whole 15 years obviously the house is yours right now. I presume your dad just signed as guarantor. Is he expecting some of the house from you. If so, that's so wrong and that needs to be sorted first. Then you decide whether or not to put your dh name on the deeds. CF = your dad.

Original poster
Noooodles · 04/05/2020 20:49

Is this relevant to my husband in both cases of joint tenancies and tenants in common?

“Matrimonial home rights, are a statutory right to protect your interest in the home you lived in when you were married or in a civil partnership, but where you do not own the property”

I should be very clear, no one is dying or splitting up or anything, this is just a theoretical row dad and I are having about the finer points of mortgages and marital law.

OP posts:
Original poster
Noooodles · 04/05/2020 20:51

It wasn’t a guarantor type agreement, the house is in both our names. Dads not looking for any money or anything. He just thinks he’s right about absolutely everything all the bloody time and I’m not sure he is about this.

OP posts:
Original poster
Noooodles · 04/05/2020 20:54

If anyone is a CF it’s my mum to be honest, this row started as she complained she wouldn’t get any share of my house if dad died as all the house would go to me. Therefore if I died (by their logic) all my share would go to dad. And that’s when I said I think they’ve got the legalities wrong and my husband has rights as we’re married and he’s lived there for years with me.

OP posts:
GOODCAT · 04/05/2020 21:10

If you own as joint tenants your share will go to your Dad if you die first and vice versa. If you own as tenants in common your share will pass according to your will or intestacy. You can check if you look at the transfer document (will be a copy you can get from the Land Registry or your solicitors if you don't still have a copy). If that is silent check if you have a declaration of trust.

If your husband doesn't inherit your share he can bring a claim against your estate for reasonable provision to be made for him from your share. Your mum can do the same in relation to your Dad's share.

You may want to see if you or you and your husband can buy them out or vice versa. Alternatively agree what you would all like to happen if you or your Dad died.

brentwoodbaby · 04/05/2020 21:11

I'd expect, if you died, your half of the property to transfer to your husband. Likewise if your dad died his half should pass to your mum.

Seriously though, if you were to divorce your half of the house is a marital asset and would therefore be part of any financial split regardless of names on deeds.

Why don't you and your husband. It your dad out or buy somewhere of your own. I'd hate to live somewhere where my DH or FIL felt I had less right to live there; I feel sorry for your DH.

Fanthorpe · 04/05/2020 21:17

Have you got a Will with your husband? I’m guessing not as you would get advice about this.

Get a will. Get some advice. If your mum is worried she needs to get her own affairs in order too, not just leave things to chance.

Fanthorpe · 04/05/2020 21:20

I’d say it’s not theoretical either, don’t just depend on the goodwill of others where your assets are concerned.

CayrolBaaaskin · 04/05/2020 21:25

As a pp said, if it’s a joint tenancy and you die, your father will inherit your half. If the property is held as a tenancy in common, your half will pass to the beneficiaries of your will (which may or may not be your Dh).

You should get you dad to ensure his share is passed to you on his death. If your dad has not been paying the mortgage, can you get him to transfer his share to you?

Ilets · 04/05/2020 21:26

Your dad probably is right. You'd need to check how you own the house. You can also change it easily, perhaps to percentage ownership if you prefer.
Divorce is different. Afaik your half, or your dads half, would count as part of marital assets

Original poster
Noooodles · 04/05/2020 21:32

Thank you all for the information. My husband and I are looking for a new place that we will buy together so the situation will be resolved when we move. We were a week way from having pictures taken to put the house on the market when the lockdown hit so as soon the COVID climate allows we will get the house on the market.

Neither of us have wills no, when we move and the new house is ours with no one else on any documents to muddy the waters is there any point having a will? If anything happens to one us we would want the other to have everything and I’m assuming that would happen anyway as we’re married?

OP posts:
ilovemyrednosedaymug · 04/05/2020 21:35

You are in a dangerous position, if you only own half the house yet have always paid for it. Your dad owns half despite never paying in to it.

Your DH could be entitled to half of your half, ie 25% if you were to divorce.

You need to get the deeds changed, if there is still a mortgage then your dad can transfer his share to you and DH say 50/50, so you own it 75/25. Then DH would be protected if he starts to pay the mortgage.

Or you and your dad change the deeds to each own your own half , but you risk never fully owning the home you have bought, if he were to leave it to your mum.

You do need good legal advice though before you just give half your house away,

ilovemyrednosedaymug · 04/05/2020 21:36

Cross post. You need wills ASAP to avoid any confusion.

TheSandman · 04/05/2020 21:38

Scottish or English Law?

They both treat this sort of thing differently. But the general rule of both is that marriage does not affect the ownership of property. If you owned it before you got married - it's yours. If and when it comes time to dispose of the property (for whatever reason) then things get different:

www.coupleseurope.eu/en/united-kingdom/topics/2-is-there-a-statutory-matrimonial-property-regime-and-if-so-what-does-it-provide/

GemmeFatale · 04/05/2020 21:40

I think it’s time to remortgage with your husband

When I married my husband (many moons ago) my MIL discreetly had her solicitor ‘lose’ the paperwork relating to her interest in DH’s house at the time.

CayrolBaaaskin · 04/05/2020 21:44

It’s also the title rather than the mortgage which is held jointly or as tenants in common.

CayrolBaaaskin · 04/05/2020 21:48

@Noooodles - it doesn’t matter if you are married or not. If you own the property as joint tenants with your dad, if you die, your dad will inherit it all. It would pass outside your will.

If you wanted to change that, you would need to sever the joint tenancy then leave your half to your dh in a will.

MarieG10 · 04/05/2020 21:49

Great position if you divorce as only half the house is in play...but that isn't currently and issue

Do you realise that when your dad transforms his half to you there is a capital gains tax liability payable to HMRC if it exceeds your annual allowance?

ConnieDoodle · 04/05/2020 21:52

If you sell this house and move, will your dad want half the equity?

titchy · 04/05/2020 21:55

Unless you know whether you own as joint tenants or tenants in common no one can tell you. If you dropped dead tomorrow your dh (and dc if you have any) might well find himself homeless. And yes there is a tax implication for your father here which you or he will need to budget for...

So 3 things to do:
Find out tenancy
Make will urgently
Save for the tax bill.