Do you need to be on the mortgage to be on the deeds of the house?

[CinnamonTart]

DH is on the deeds and I’m not. DH is on the mortage and I’m not. We’ve been married for 20 years and have 2 kids. All my friends are saying I need to be on the deeds. DH is saying I can’t be because I’m not on the mortgage. He’s going to be remortgaging again shortly - can anyone advise?

Yes of course you can, and you should. The deeds show who has an interest in the property, not who is paying any mortgage on it. Perhaps he is confused between the house deeds and the mortgage deed, which is a separate thing.

You can be added to the deeds of the house. I was when I moved in with DP. We added me after a couple of years when the mortgage was being renewed, and I was added to the mortgage at the same time. A solicitor did all the paperwork - we just had to sign and pay them basically. Very straightforward.

I don’t think it matters particularly so long as you’re married. I was on neither the deeds or mortgage of my home with my ExH and still had a claim on the equity.

@PilgorTheGoat that’s what he says - that there’s no need - but I am worried with some unknown scenario occurring that I’m at risk should we split up.

You can register a matrimonial home rights notice at the Land Registry

You can, I have been but it doesnt actually matter if you are married anyway

People are saying that you can - and legally that’s true. But plenty of lenders won’t lend if you want this - not without you being on the mortgage too. It’s not in their interest.

Years ago I was told I couldn’t be on the deeds without being on the mortgage. It may have changed . It came back to bite me we separated but we weren’t married.

Neighbour in her 60s wasn’t on the deeds to her house. Of course, it was equally her property as they’d been married for decades.

Husband was horrible. Didn’t want her on the deeds for controlling reasons of his own.

So she registered her home rights, then started divorce and him not wanting to agree to her being on the deeds of her own matrimonial property didn’t look at all good for him when she used it as evidence of his coercive control.

You’re a long marriage, so it’s also yours. Equally.

Your DH wants to be careful he doesn’t shoot himself in the foot of you do split up. Marriage certificate says it’s yours whether he likes it or not.

If you’re not on the mortgage because you are a SAHM then you can go on a joint mortgage application with zero income.

And what, ‘there’s no need’- ?!

yes there is.

the need is that you own it too and that’s the decision you’ve made.

if he thinks he gets to decide whether he allows it… well you’ve got bigger issues.

First, look up Home Rights. And register your matrimonial rights.

then make a solicitor appointment to be added. Next time he asks you to do him a favour, look him up and down and loftily say ‘Well I don’t think there’s any need’

You should speak to a solicitor to safeguard your position.

It’s important to do this and not to rely on what your DH tells you. Be proactive