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Mortgage in DH name only anyone ?

15 replies

Marleyandus · 10/10/2025 10:42

Hi please don’t judge I’m just after a bit of advice please.
We are hopefully almost at the point of exchange on our forever home. For personal reasons my credit report was terrible and the mortgage would not go through whenever we added my name. I have no debts whatsoever ever but many defaults all less than a few pounds for reasons that I won’t go into on here but suffice to say I had to leave somewhere quickly about 6 years ago.
Anyway mortgage went thought fine in DH name only and we can add me to the deeds when we can in a couple of years .
We can see that the mortgage paperwork that it asks if he will be moving in alone or with someone.

I’m nervous that it may jeopardise the mortgage offer if I’m involved again in any of the formality of the house purchase .
Do we just keep quiet and both move in anyway, or be honest (I know that would be the right thing to do but just need to understand before being absolutely sure) and then what.
We are quite happy the mortgage is only on one name so as not to overstretch
and I have no concerns re finances.
So why do they need to know if he will be moving in with anyone? I mean the bank statements alone show we are joint account holders
Has anyone had similar please and wouldn’t mind sharing !

OP posts:
Jellybunny56 · 10/10/2025 10:52

They absolutely need to know you will be living there, it impacts his affordability.

BrieAndChilli · 10/10/2025 10:58

I had the same - all that it meant was I had to sign a form to say if the bank reposessed the house I agreed to move out with no fuss.

Marleyandus · 10/10/2025 11:00

Really?
The equity in the house is much more than the mortgage anyway so there would be little or no lending risk . I also bring in an equal wage and this is clear on the account bank statements reviewed by the underwriters? so they will know this too
This ask was just on the final solicitor form ?

OP posts:
Marleyandus · 10/10/2025 11:02

@BrieAndChilli thanks that makes sense
I think we’d be okay even if he lost his job tbh
Im ridiculously excited for is though !

OP posts:
TheAlwaysThereButNeverUsedCeilingLights · 10/10/2025 11:03

They won't do credit check on occupants. We had the same and no one checked DH.

Donttellempike · 10/10/2025 11:06

You would be very foolish to lie to the mortgage company. It is mortgage fraud.

And it would take 5 minutes for the mortgage company to find out. They ask so that they know if anyone else has right to live there in case re possession becomes an issue.

As spouse to the mortgage holder, you have occupation rights. Which you may need to rely on one day.

Lie to the mortgage company and you could end up in a world of pain. And you can’t be added to the deeds without the mortgage company expressly permitting it

FallingIntoAutumn · 10/10/2025 11:09

When I bought with my ex years ago I initially didn’t earn enough to be on the mortgage (we later changed this) I had to sign a form at a separate solicitors explaining i understood I had no legal right to any funds from the property despite the deposit coming from me.

we weren’t married, but the lender insisted. That was all I had to do.

FallingIntoAutumn · 10/10/2025 11:11

Don’t lie to the mortgage company. If your married with joint accounts etc you can’t lie.
it shouldn’t stop anything, just adds a slight complication that’s all. Did you get your mortgage in principal? And are now getting the actual offer?

Marleyandus · 10/10/2025 11:17

Donttellempike · 10/10/2025 11:06

You would be very foolish to lie to the mortgage company. It is mortgage fraud.

And it would take 5 minutes for the mortgage company to find out. They ask so that they know if anyone else has right to live there in case re possession becomes an issue.

As spouse to the mortgage holder, you have occupation rights. Which you may need to rely on one day.

Lie to the mortgage company and you could end up in a world of pain. And you can’t be added to the deeds without the mortgage company expressly permitting it

Thanks
So even though the house will be already 80% paid for upfront and 20 % mortgage are you saying that if DH stopped paying the mortgage I have to sign to say the bank get the house even though it’s left to me in our Will ? That doesn’t sound right.
Surely I could just pay the outstanding mortgage off ?
I’d be able to pay it for him even if he stopped it would be coming out of our account anyway.
I’m happy to sign if needed but need to understand the legalities a bit more
I think I’ll just pop into the solicitors so this has been really helpful I probably wouldn’t have done earlier
Thanks all x

OP posts:
Donttellempike · 10/10/2025 11:22

Marleyandus · 10/10/2025 11:17

Thanks
So even though the house will be already 80% paid for upfront and 20 % mortgage are you saying that if DH stopped paying the mortgage I have to sign to say the bank get the house even though it’s left to me in our Will ? That doesn’t sound right.
Surely I could just pay the outstanding mortgage off ?
I’d be able to pay it for him even if he stopped it would be coming out of our account anyway.
I’m happy to sign if needed but need to understand the legalities a bit more
I think I’ll just pop into the solicitors so this has been really helpful I probably wouldn’t have done earlier
Thanks all x

I am a solicitor. There are 2 separate issues here. One is affordability.

The other is being dishonest in your dealings with the mortgage company. This is a serious offence.

You are married, so it would not be difficult for the mortgage company to find out.

They may not, but if they do, they can demand immediate repayment of the whole outstanding sum and they will initiate criminal proceedings.

And whatever else is in their small print

And neither of you will ever get a mortgage again

It’s a crazy risk to take. Ask your solicitor

Lomeaste · 10/10/2025 11:24

Our mortgage is in DH's name only. I signed a form acknowledging I had no rights to the property, which I think is standard for any adult occupier who isn't on the mortgage. It didn't worry me as we're married and financially secure. I haven't been added to the deeds and it hasn't been a problem.

I don't think it will jeopardise the mortgage offer to say that you're an occupant. But I also don't think it will be obvious that you'd be an occupant purely based on having joint accounts - many married couples live apart and have multiple properties so it's not a given that you'd be living there.

janehopper · 10/10/2025 11:30

It's for repossession OP - if they have to repossess and someone other than the mortgage holder is living there they have occupancy rights, so you're signing to say you'll move out if it comes to that and the mortgage company has to sell the property so the debt to them is repaid by the sale. It's a standard form to be asked to sign in this situation.

If your DH died you would inherit his equity in the property, you're not giving that away to the mortgage company by signing this form. At that point you could repay the remaining mortgage and the house would be yours.

janehopper · 10/10/2025 11:33

Also, you've already had a mortgage offer so all the affordability assessment has already been done. This won't change that. They don't care about your credit rating because you're not the one they're lending to.

Harassedevictee · 10/10/2025 23:16

Marleyandus · 10/10/2025 11:17

Thanks
So even though the house will be already 80% paid for upfront and 20 % mortgage are you saying that if DH stopped paying the mortgage I have to sign to say the bank get the house even though it’s left to me in our Will ? That doesn’t sound right.
Surely I could just pay the outstanding mortgage off ?
I’d be able to pay it for him even if he stopped it would be coming out of our account anyway.
I’m happy to sign if needed but need to understand the legalities a bit more
I think I’ll just pop into the solicitors so this has been really helpful I probably wouldn’t have done earlier
Thanks all x

@Marleyandus It is right.
There was a case decades ago which meant mortgage companies now require everyone over 18 living in a property to sign an agreement to leave. I had to sign when my parents took out a further advance because I was 19 and still living at home.

It’s so a mortgage company can legally evict you or anyone over 18 should the need arise. Without it they can’t. I know it seems a formality but it is a standard requirement.

Irenesortof · 12/10/2025 16:58

Marleyandus · 10/10/2025 11:17

Thanks
So even though the house will be already 80% paid for upfront and 20 % mortgage are you saying that if DH stopped paying the mortgage I have to sign to say the bank get the house even though it’s left to me in our Will ? That doesn’t sound right.
Surely I could just pay the outstanding mortgage off ?
I’d be able to pay it for him even if he stopped it would be coming out of our account anyway.
I’m happy to sign if needed but need to understand the legalities a bit more
I think I’ll just pop into the solicitors so this has been really helpful I probably wouldn’t have done earlier
Thanks all x

If DH stopped paying the mortgage you would have no rights to live in the house. But the mortgage company won't know or care whether the money they receive comes from just DH or from you as a couple, so that isn't a concern. It would only become a problem if the payments were not made.

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