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Original poster

Not going on Mortgage with DP

80 replies

pillowfighter · 20/02/2025 10:22

I rented and he owns his own house. I moved in with him at the start then we had our child. Now we are moving as need something bigger. My credit rating isn't good and he will be buying the new house in his own name putting down a deposit from the current house. I won't be named on the mortgage yet until my credit score improves which could be years.
I work part time so can only afford to put a little towards the mortgage when he will be paying 3/4s of it.
I have been advised that if were to hypothetically split up in the future that I need to get a document signed by both of us that u would be entitled to a certain amount if the property was sold. And he would obviously get his deposit back etc.

Is this correct ?
I don't want to split I'm just asking to protect myself as not with a mortgage but in the past I have been financially shat on !
Thank you any advice would be appreciated

OP posts:
mewkins · 25/02/2025 19:15

Donttellempike · 25/02/2025 18:46

Unmarried, without being on the deeds of the property ( the mortgage is a debt on the asset) you will be entitled to nothing if you split.

No matter how long you are together.

Protect yourself now, why doesn't he want to?

Show quote history

Maybe because he's had a mortgage for years and has built up decent equity in his house and doesn't want to have to forfeit half of this is they split up.

snowlaser · 26/02/2025 16:55

titchy · 20/02/2025 11:38

it would likely be some kind of sliding scale depending upon what you both brought into the marriage

No. It would be a scale depending on need. And as they have a child the need for the child to be housed is priority.

OP it's the deeds you need to be on, not the mortgage. What proportion do you think is fair? You could own 25% of the house for example. At least if you split up he would have to give you 25% (or whatever split you've both agreed to) of the equity.

If he doesn't agree to that don't pay anything towards his mortgage - save for your own mortgage because he clearly doesn't see a future with you. And don't sacrifice your own career in favour of his.

Agreed that needs would also be taken into account, that's true. But I would expect what you brought into the marriage will also be relevant if you divorce very quickly. Even if he didn't have a child you can't marry someone and then divorce them the next day to get half their wealth, even if YOUR need is greater. Here where he has a child I agree that weighs even more in his favour.

Original poster
pillowfighter · 26/02/2025 17:22

TreadSoftlyOnMyDreams · 22/02/2025 15:17

You need to enter into a formal legal agreement with him with the help of a solicitor

It is a simple enough process to do. We did one when we first bought together and were unmarried. It set out how much we brought as our respective deposits. That value would be protected in the event of a sale, once the mortgage paid off and equity was a 50:50 split as we were paying the mortgage on that basis. I also covered all the solicitors costs, stamp duty and other costs so that was protected along with my deposit.

You don't say if you're paying rent to him in the current property? While on mat leave and now part time? Presumably you were full time before having a child?

Your tenants in common agreement/deed of trust should reflect the fact that you are losing X% of your income by providing childcare. NOT that you are "only" contributing 1/4 of the mortgage payments.

As an unmarried mother you should really consider whether it is in your interests to work full time and split the childcare costs.

thankyou. Do you know what the formal legal document is please ?

OP posts:
TreadSoftlyOnMyDreams · 27/02/2025 09:51

This explains it all quite simply and specifically covers unmarried couples.
https://osborneslaw.com/blog/tenants-in-common-vs-joint-tenants/

notatinydancer · 27/02/2025 16:00

sandgrown · 20/02/2025 18:30

I was told you can’t go on the deeds If not on the mortgage

You can.

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