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Legal matters

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

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Original poster

House purchased within marriage by DH

18 replies

CupboardDoor8 · 27/02/2021 00:43

Me and my husband used to live in a flat owned by his parents. They sold it, “loaned” the money to DH to buy a home for us and our children mortgage free.

He is on the title deeds, and I was pushed from my name being on them - his father mentioned it would protect us but I didn’t understand or have the energy to question at the time as I was extremely ill. The purchase was all done without me being involved. My name isn’t anywhere.

A year has passed and we have to make costly adjustments to the house. I fear that I am about to start investing in a house that I have no claim over if something was to happen to DH (or our marriage). What are my rights?

DH is yet to make a will, he was meant to before the pandemic.

That’s all a bit doom and gloom but I am trying to think sensibly about our future.

Also we live in Scotland so worth mentioning!

OP posts:

partyatthepalace · 27/02/2021 10:57

Your name needs to go on the Deeds. Your FIL is protecting his own son, not you - the only reason I can think you wouldn’t want a house in both your names is if you had so many joint assets you were divvying them up to minimise tax.

I am sure your DH is a great guy, but if the money came from his parents he may feel a moral obligation to do what they want. But his greater moral obligation is to you, his wife. It’s important that should you split up, the assets are divided up fairly so everyone has an OK lifestyle. Sometimes people may have a case for holding a greater portion of assets after a split, but only once everyone has enough - and most couples don’t have enough for this to be relevant.

Anyway, as there may be pressure on your DP from his parents I wouldn’t talk to him first. I would have a quick consolation with a solicitor with a view to protecting everyone in case of a split or if one of you should die prematurely. Then I would present your DP with what needs to happen with the house in an unemotional calm way. And keep repeating it like a broken record, making it clear there will be no work on the house till you are on the deeds.

No need to mention to DH you saw a solicitor, no need for DH to mention to his parents that you are being added to the deeds.

RedHelenB · 27/02/2021 11:00

Being married gives you protection but a will simplifies things in the event of his death.

partyatthepalace · 27/02/2021 11:01

You both need to make wills also!

But don’t rely on him leaving you the house in his will - wills can be changed. (TBH it would be easy to think badly of your DH here, but will charitably assume he was being pushed around by parents/too worried about your illness to argue.)

PicsInRed · 27/02/2021 11:06

Before you do anything, you need to ascertain the ownership of the house.

Are your in laws on the deeds? How much of the house does your husband actually own?

I would caution that, yes, you could have a claim on half or more of the share of the house your husband owns (depending on the above), but if your husband dies and chooses to will it elsewhere things are less "fair" and less "expected", and more complicated.

I would seek legal advice asap. In the mean time, you should ensure that you have life insurance on your husband's life, with you as sole beneficiary (and I would ensure you own this policy and make the payments yourself), which pays out enough to buy yourself another house in the event of his death.

Do not sign anything he or his family put in front of you without independent (of them) family law legal advice.

mercimacherie · 27/02/2021 11:10

I am not on our family home's deeds and my DH is not on the deeds of my rental property, our house is worth double my rental property.

I've been told that as we are married and have children that if were ever to divorce all assets would be lumped together and split. I'd most likely get more due to having worked part time since having our children.

I would imagine that it would be the same for you, unless things are different in Scotland.

Alexandernevermind · 27/02/2021 11:10

What @PicsInRed said. Get legal advice. You need to find out whether your DH is sole owner, or whether your FIL has a legal interest. The FIL sounds shifty.

MiddlesexGirl · 27/02/2021 11:35

Unfortunately only legal advice will do as it depends on the existing agreements.

RandomMess · 27/02/2021 12:38

Also this "loan" from FIL is that in writing, are you repaying it.

So much you don't know!

Jocasta2018 · 27/02/2021 13:16

Did his parents legally gift him the money as a way of avoiding future inheritance tax? I don't know if this would change anything but if they did then surely that money would be part of his parent's' estate for 7 years after the gift & liable for inheritance tax should they die.

prh47bridge · 27/02/2021 13:28

I'm not an expert on Scottish law but some of the "advice" above is clearly incorrect. Some posters are thinking about the law in England and overlooking the fact that you are in Scotland.

If you divorce the equity in the house will go into the pot to be divided between you.

If he dies, because you are in Scotland you are automatically entitled to the first £473,000 of the equity in the house regardless of anything it says to the contrary in his will.

Beforethetakingoftoastandt3a · 27/02/2021 13:31

@prh47bridge

I'm not an expert on Scottish law but some of the "advice" above is clearly incorrect. Some posters are thinking about the law in England and overlooking the fact that you are in Scotland.

If you divorce the equity in the house will go into the pot to be divided between you.

If he dies, because you are in Scotland you are automatically entitled to the first £473,000 of the equity in the house regardless of anything it says to the contrary in his will.

This op. You need to speak to a solicitor who can accurately advise you.

Original poster

CupboardDoor8 · 27/02/2021 21:58

There is a part of me that suspects FIL is being shifty.

I couldn’t be more clueless.

I know that DH is the only one on the title deeds, for sure.

I don’t know the ins and outs of this “loan”.

It’s such a weird set up.

They are well off and they do want the best for us. But I just fear rocking the boat and looking grabby. I had such a different upbringing, I work so hard and never had anything given to me or expect it ykwim?

I just want to make right decisions that doesn’t slap me or my children in the face in the future.

OP posts:

Aquamarine1029 · 27/02/2021 22:00

Bottom line, you need to speak with a solicitor to know exactly where you stand.

Beforethetakingoftoastandt3a · 27/02/2021 22:09

Make an appointment with a solicitor. Nobody needs to know.

CayrolBaaaskin · 03/03/2021 20:32

@prh47bridge - that’s incorrect. Prior rights (ie the right to the £473,000) is on intestacy in Scotland. So if he makes a will he can leave it to anyone else. Legal rights (which can’t be defeated by a will) apply to moveable property only so not houses or land.

BlueSoop · 03/03/2021 20:43

You have a right to occupy the main family home regardless of whether you own it. In England you can register your matrimonial right against the family home via the land registry, even though you don’t own it. I presume there’s a similar thing you can do in Scotland?

ivfbeenbusy · 03/03/2021 20:47

Why is FIL being shifty when you are benefiting from living mortgage free in a property their money has bought? I don't see why you should go on the deeds? If you are investing money for renovations then have something drawn up protecting your share of the contributions?

prh47bridge · 03/03/2021 22:44

[quote CayrolBaaaskin]@prh47bridge - that’s incorrect. Prior rights (ie the right to the £473,000) is on intestacy in Scotland. So if he makes a will he can leave it to anyone else. Legal rights (which can’t be defeated by a will) apply to moveable property only so not houses or land.[/quote]
As I said, I'm not an expert on Scottish law!

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