Husband not on mortgage or deeds

[Noooodles]

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?

It sounds as though your parents believe they have financial interest in the house desire not paying toward it. I would expect they to be anticipating 50% of the equity if you sell.

We’re in Wales.

Dad put the entire deposit down £25k and the understanding (never written or formal) was that it was a gift to get me on the property ladder. Long story short he and mum were separated at the time and subsequently reunited, she wasn’t happy about the gift so it was then a loan which would have that back when the house is sold. Anything leftover from the sale after the 25k is given back is mine (& husbands as whilst I paid the mortgage and all upkeep when I was single, ever since husband moved in we have split all mortgage, bills and upkeep squarely). I was living alone in the house for 4 years and husband has been there the remaining 11 years.

Looking back I think this does make me look a bit daft that this house situation has been going on so long. I’m not really sure where the years have gone. My parents are quite wealthy so whilst the 25k was a huge amount for me and helped me get on the ladder it’s not for them so they are quite happy to have no interest paid on it and weren’t in a rush for it back so it’s just been the status quo. We’ve been quite happy in the house and it’s only recently that we’ve had a child so could do with somewhere bigger.

If there is (and always has been) a trust in which you and your dad own the property on trust for you (subject to the £25k debt) then there will be no CGT liability on transfer in to your sole name because you are not altering what the beneficial interests have always been.