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Halifax mortgage: apparently I can't be added?

38 replies

BlitheringIdiot · 06/08/2018 12:53

Briefly: when we bought (in Scotland), I wasn't working as our daughter was small and I had been on a temporary contract before Mat leave.

We (my partner, really) were advised that we would get a far better deal if the mortgage was in his name only. He has a good job with a decent income.

The deposit came from me entirely: it was my inheritance after the death of a parent.

We recently renegotiated the mortgage in order to free up some cash for some renovations, and I was very clear that now would be a good time to make us equal partners in the mortgage.

We have gone from my partner dragging his feet to telling me he has asked for forms to be sent out, to now having been advised that we would need to reapply all over again as a couple. He feels this would not be worth the expense.

I do trust him, but dislike being in this position. We both work, although currently I am part time (24.5hrs) as we have a toddler as well as a 7 year old. We are not married.

Can anyone advice? TIA.

OP posts:
glintandglide · 06/08/2018 12:54

That’s quite commmon. Why would the bank just add you on? It’s a whole
New risk for them. They need to assess it in the same way.

glenthebattleostrich · 06/08/2018 12:54

At the very least you need something drawn up to protect your deposit.

LonnyVonnyWilsonFrickett · 06/08/2018 12:57

I'm on our mortgage, which was assessed solely on DH's income. If you're not married (and you said partner, so I guess not?) then you're in a really weak position. I hope you've at least got some legal documentation confirming you paid the deposit?

Why not pop into your branch and ask the question, because this isn't adding up to me. Yes, there may be a charge but as you're remortgaging anyway I can't see why it would be a hassle. And even if it is, it's worth getting it done!

WindowsSmindows · 06/08/2018 12:59

why not get married?

greendale17 · 06/08/2018 13:05

to now having been advised that we would need to reapply all over again as a couple. He feels this would not be worth the expense.

Yeah I bet he doesnt. If you split up tomorrow you won’t be entitled to anything.

By the way what the banks is asking for is the norm nowadays. All to do with the affordability criteria.

By the way

nellly · 06/08/2018 13:05

Well he may be dragging his feet on other issues but yes you need to be reassessed as a couple and if you applied before the new affordability tests it awillmau be tricky.

nellly · 06/08/2018 13:06

It may well be tricky *

ccmms · 06/08/2018 13:09

Cant your dh just gift you half the house? We were in a similarish position to you in that I had a house with a mortgage in my sole name but then dp (now dh) contributed equally if not more to. I just went to my solicitor and gifted him half for love/favour/affection. Then when my current mortgage deal ended we took out a joint mortgage over the property. Obviously this depends upon being in a deeply committed trusting and loving partnership/marriage.

glintandglide · 06/08/2018 13:11

You can’t do that without the banks permission ccmm. The house has a loan secured against it, it’s not his to gift.

DPotter · 06/08/2018 13:11

It may be tricky to be added to the mortgage, but have you thought about being put on the house deeds? They are the actual proof of property ownership. DP and me are not married - we're both on mortgage and house deeds and we have a letter from our solicitors stating the split of the property - I have 21 /52 ownership!

Melliegrantfirstlady · 06/08/2018 13:11

But is your mortgage not up for renewal? Then he needs to reapply anyway!

This stinks to high heaven I can’t believe you paid the deposit!!!

lapenguin · 06/08/2018 13:20

Get something in writing to protect that deposit!
Does he want to get married one day?

ccmms · 06/08/2018 13:20

I dont remember contacting my bank/mortgage provider when we did it (admittedly it was 9 years ago). I did it all through my solicitor. I was still the only one on the mortgage until we renewed it.

wasthataburp · 06/08/2018 13:25

I work in the legal dept of a mortgage company and can advise you that a mortgage has to be in the exact same names as the title to the house. This means that if the mortgage is in his sole name at the moment then the house is also in his sole name.

you would not believe the amount of people in your situation who do not realise this. If you get added onto the mortgage then half of the house will also be transferred to you. We always advise people in your situation to get independent legal advice.

Raver84 · 06/08/2018 13:26

I think you ate in a very vulnerable position should you separate. I would want to either get married or get on the mortgage asap. Very risky situation should it all go wrong.

eurochick · 06/08/2018 13:32

I hope you protected that deposit!Shock

butlerswharf · 06/08/2018 13:36

That's normal. To add a second person is a new application.

Andtheresaw · 06/08/2018 13:39

Are you named on the deeds?
That is more protection than being on the debt tbh.

BlitheringIdiot · 06/08/2018 13:48

Thanks so much, everyone. I will try to find time to pick through what you have all said later.

Yes, I've been a bit of an idiot re the deposit, but (as I said), I do trust him. He had a partner do the dirty on him in the past financially and although I suspect this has made him defensive, he is not the sort of person who would, himself. (Although I read Mumsnet enough to know it isn't wise to just cross your fingers and hope...) We were in a hurry to just get the mortgage organised so we could get our own place and feel secure. And then, life kind of got busy.

So, I need to get something drawn up to protect the deposit, I guess (I can show the payment leaving my account, and its origins). I will need to save up to see a solicitor, then. He has been paying the mortgage this whole time- but then, I have been doing the majority of the child care and food bills etc. And paid for a new bathroom.... sigh.

Then I need to offer him the choice of just getting married (we are actually engaged but haven't got around to it with two small children), or re-applying.

Is this about right? Thanks again for the sensible replies. This type of thing is not my strong point...

OP posts:
happyasasandboy · 06/08/2018 13:51

Who owns the house? The deeds for the house, and the terms of ownership, are more important than the mortgage (which is essentially just a secured loan).

If you are not named on the deeds and are not married then you are likely to be in a really vulnerable position. If you split up and are not on the deeds and are not married then you will almost certainly not be entitled to any of the house. If your partner dies, you will only be entitled to any of the house if he has willed it to you.

If you are named on the deeds of the house, they will show what you own:

If you're Joint Tenants then you both own the whole house together or separately. If one of you dies then the other will continue to own it on their own; If you split up, you will both own it and have to decide how to share it.

If you're Tenants in Common then there will normally be a specified division of ownership. This is a common way of protecting the contributions made by each person when purchasing (ie you own more of the house to reflect your bigger deposit contribution). If there isn't a specified split then Tenants in Common would normally revert to 50:50.

It's really important to find out what's on the deeds. The Land Registry will send you a copy for a small fee. The mortgage stuff is relatively unimportant compared to the deeds ....

FinallyHere · 06/08/2018 14:05

Our mortgage was assessed on one income only, but we are both named on the mortgage and deeds.

I trust him, but it was still important for us to keep the paperwork correct.

Might be worth talking to som3 advisers, yourself.

Rainbowmelon · 06/08/2018 14:41

I'm quite baffled by the amount of people saying check if you're on the deeds? Don't waste money checking deeds, if you're not on the mortgage, you will not be on there.

It has always been my understanding that you need to be on the mortgage to be on the deeds and if you aren't named on the mortgage then many will actually refuse to name you on the deed.

Quartz2208 · 06/08/2018 14:44

You need to get this sorted and fast

Also I would really consider getting married as well read the unmarried mum thread

hlr1987 · 06/08/2018 14:50

Most banks have online calculators to see the cost of a new mortgage. Play around (yourself) with both your incomes on a calculator to look at costs. It's worth remembering that the bank would consider you a dependent of him in your current scenario which would usually reduce the amount he could borrow anyway.

glintandglide · 06/08/2018 14:51

Me too rainbow. Banks aren’t daft enough to allow people who aren’t obliged to repay their debt own half the house Hmm they come first, always.

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