If you’re not on a mortgage

[Emeraldopal]

Just wondering about this. I am married, but my name isn’t on the mortgage (good reasons for this) but would I still have rights to it if we split? Not planning to but good to know.

You didnt say which country you are in.

Ultimately, there are a number of different factors to consider on what you would be entitled to, so you would need to speak to a solicitor.

Apologies I didn’t think I needed to. I tend to assume UK unless someone specifies otherwise.

You do realise that there are four countries in the UK, with separate legal jurisdictions?

Yes if you’re married and in the UK the house is considered a shared asset, you have rights to the house no matter whose name is on the mortgage.

Fair enough @JamMakingWannaBe . I am in England.

Thanks @Hotandbothereds .

If you’re married the house is considered a joint asset.
www.simpsonmillar.co.uk/media/my-name-is-not-on-the-mortgage-what-are-my-rights/

In, England, wouldn't make any difference. Still a marital asset.
What does make a difference is length of marriage/cohabitation etc.

The house is a joint asset in divorce, but not in death.

The house is in my second name, and I had legal advice before marrying to ensure my children wouldn't be disinherited if I die first.

DH has a right to live in my home after my death, but he won't inherit it. It belongs to my children.

I don't know why I wrote second name. Oh for an edit button...

Ah that’s interesting @OneRingToRuleThemAll

I am named on the will to inherit should DH die. I’m not concerned about this as I won’t remarry should I be widowed, but I don’t know about DH. I have had conversations with him about ensuring assets are protected for the children, but people sadly do change after bereavements.

Under your DH's Will you will receive any monies in his name, less debts and cost of administering his estate. The debts will be paid off before you can have your share of the money. I think you should look into it more, but I'd say the mortgage is a debt and the lender will want that repaid on death.