Living in my wife's house

[shostakovich]

The situation is this: my wife and I recently sold our house when we moved into a house she’d inherited from her late parents. We’d paid off the (joint) mortgage on our old some years previously.

What this means is that I am now living in a house which she owns entirely by herself rather than - as has been the case in the past – one which we owned jointly.

She has been talking about adding my name to the deeds, but I can’t immediately see any purpose in doing so.

I should add that we are not intending to separate or divorce (and even if we were we could split the proceeds of the sale of our former house if we needed to divide the assets).

And I can’t see any inheritance tax issues – since our assets would be treated jointly any way.

So I can’t see why we should add my name to the deeds – although it does feel slightly odd not legally owning any property in my own right (as if I’m homeless).

Or am I missing something?

You should of course have your name on the deeds. What if your wife suffered a mental illness and threw you out? A friend of mine had exactly that happen.

if there is no mortgage so no stamp duty if you do the transfer it would be better for you to have it in joint names and joint tenants so if she died it automatically comes to you easily.
If you don't put it in joint names then register at the land registry your right of occupation in the matrimonial home so she cannot sell it without your knowing. It is very easy to do. You could do it today.

I don't think the new 3% extra stamp duty would apply either (this is a second house for both of you so the new second home extra 3% stamp duty land tax sometimes applies) as there is no mortgage on where you are living.

You're right that there's no stamp duty because there's no sale - and I don't think I need worry about the 3% charge since we're talking about our only home.

But slightly puzzled by your reference to my wife pre-deceasing me. Unless she's written a will leaving it to someone else (which she hasn't), the house will come to me anyway. I inherit all of her property just as she would inherit all of mine if I go first. I have no right currently over her individual savings account, but I'd get that on her death - and I can't see why a house would be any different.

But thanks for the tip on land registry.

She could change her will at any time without you knowing. She could also sever the joint tenancy as my father did (although that was only to leave his half to us as he worried our mother might not) without consent of a joint tenants co owner and leave that share to someone else.

If you both had no will then the intestcy rules do not give everything to the spouse by the way - that depends if you have children or not.

Another reason to have a least a few things in joint names like bank accounts is that if one dies the balance of the account goes to the survivor automatically so you are not stuck with having to produce grants of probate, waiting for months etc. It is just simpler.

This is very useful - many thanks