Legal implications of moving to a property in my husbands name only

[BobbyeinArkansas]

I wonder if anyone with a legal background might know the answer to this.
My husband and I are selling our house.
We are moving to a property in my husbands name only, it was his home before we got together and when we married we bought a place together. His former home is in his name only.
So essentially the property in his name only will become our home.

This property is currently out and does have a BTL mortgage which will be changed into a residential mortgage as soon as we move back in. It is worth a fair sum (7 figures). I say this because it’s not quite as straightforward as to move it into both names, due to the potential SDTL owed (approx £117k).

Where does this leave me legally if we were to divorce ie living in what is essentially my husbands house. Is it a case that it is irrelevant given we are married? (Divorce isn’t on the cards by the way, I’m thinking worst case scenario)

The alternative is to pay off the mortgage and add my name to the deeds which I think nullifies any requirement to pay SDLT but this is awkward as we don’t particularly want to pay off the mortgage given it’s cheap debt.

Thanks for any advice.

*rented out

In divorce, ownership of the marital home is indeed irrelevant. It would go into the pot to be divided between you.

There may well be some issues about inheritance tax to consider, plus of course you will be looking at a potential liability to CGT on the joint house is you stop living in it.

I'd suggest taking some advice on the tax issues from a decent accountant, but as prh47 says, in terms of any divorce, it's of limited relevance, although your H would have greater scope for skulduggery with a house in his sole name.

You also need to be clear with each other what your wills say.

Thank you that’s really helpful. I guess it doesn’t matter if the house is in my name or not then. That was my real concern.

The Wills are crystal clear. We only did them last year and they’re mirror wills.