Found out I’m not on a house deeds..

[KindOpalBear]

When we bought the house, our twins were just 4 weeks old and I wasn’t well enough to look into paperwork. I’ve put in £70k my life savings, my partner same £70k and his mother helped us and borrowed us £500k (she basically remortgaged her house to help us). We are paying her loan and our mortgage every month and have been for the last 5 years we’ve been here. Today during an argument my husband shouted that I’m not on the deeds of the house. That shocked me. I’ve paid for title registry on gov.uk and it says the registered owner is him alone, no mention of me. He says that I’m definitely on the deeds but he would need to ask the lawyer to send him documents proving that which will cost £200. Am I being fooled? My heart sunk and I’m just In shock. I feel like him and his mum did this together. Is anyone here who knows legal stuff and can confirm it title registry shows just one person that means I’m not on the deeds?

He will just sell it or transfer it to his mother before he even gets to a courtroom

Believe me, it is not as simple or black and white. I had young kids, was married for longer than op, my name was in the deeds and still had to spend 3 years in court, costing tens of thousands of pounds in legal fees, to be allowed the right to stay in the house and buy him out.

Having kids changes everything. Courts says housing should be fairly split between couples- which usually means 50/50 so they can provide a home for the kids with each parent.

i know this because my DSis divorced after a short marriage to a cocklodger. He was entitled to half her home even though he’d paid nothing towards it.

Same.

That’s a completely different issue. Your share of the home wasn’t in question

The point is nothing is as black-and-white as people make out. It’s not as simple as you’re married or you have children.

If I were you I’d be divorcing after this anyway, so make sure you consult a solicitor and check what steps you need to take.

It was. I wanted 50/50, he wanted an 80/30 division and the house sold. He refused my offers to buy him out.

It really is. The law is black and white. That’s why unfair situations occur.

Yes - outcomes can vary depending on judges, individuals etc, but this is one point the courts are clear on.

Recently, judges have refused to grant divorces where the split of assets is very lopsided- even if it’s by agreement of both parties. They like to see an even split of assets if both parents are bringing up the kids.

Is the mortgage joint or in his name only?

How can you stay with him now, knowing he’s purposefully done this to you? What a despicable man. Register your interest and see a divorce lawyer asap. He and his mother are arseholes

But you got what you wanted.

and the fact it went to court shows you were able to contest it.

it doesn’t mean it’s automatic, but the OP has strong legal protections by being married.

There are no black and white rules when it comes to splitting assets, in fact there are no written rules, your case is assessed against a number of other similar cases seen as precedent setting.

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/preventing_sale_or_disposal_if_one_partner_is_the_sole_owner

Register your interest in the property, ASAP and don't tell him your doing this. You'll effectively block him from selling the house under your nose. Also see a solicitor about the £70k deposit which you put in and have it decumented that it's your contribution towards the property purchase.

https://gloverpriest.com/news/married-but-not-on-mortgage-what-are-my-rights

I think we had to pay about £200 for dh to go on the deeds as it was in my name only

She’s NOT a legal owner and it’s not as simple as you imply.

OP, to get your name on the office copies (not called deeds really anymore), he will have to sign a new transfer document and you’ll have to remortgage to add you to it, as it’s very unlikely you’re not on the mortgage either, otherwise you will have been on the title. This will include credit checks with the lender etc for both of you. You may need to wait until any fixed rate is up.

Also, as you’re not on the title or (most likely) the mortgage, you should have signed an occupiers consent for the lender. If you haven’t, it’s because he’s been hiding this from you deliberately.

Finally, he’s clearly done this to protect his mother’s financial contribution.

You need to see a solicitor (family), to discuss your options.

As I said above; adding you to the title of a property where there’s a mortgage is not straightforward. A new mortgage will need to be arranged. This is will be a transfer of equity and remortgage.

He’s devious though OP; and I don’t like that. I would be asking about any will he may have made as well.

Really? That’s utterly ridiculous. I’m sure op is not that stupid.

I agree that you should get evidence asap that you paid him 70K. Even before you go to him with a threat of divorce if he does not voluntarily add you, you can threaten that you will tell the mortgage bank that you are challenging the legal title for your equal share in the property. The bank might get spooked and demand immediate repayment of the mortgage. So he will lose the property unless he can remortgage. You will go to the next bank he approaches and say the same.

I don't think he can get a mortgage without putting you, his lawfully wedded wife who has proof she contributed 70K, onto the title deeds.

Best to see a solicitor about this.

No it doesn’t.

Well, as I say unfortunately, I have firsthand experience that what you say is wrong.
To the degree that I was told I should hand my son over to its father if I was unable to house him.

The price paid is on the title register.

This is absolutely terrible advice. Property law depends entirely on the title deeds.

Matrimonial law can effectively override property law depending on the size of the pot and needs of the parties.

What you are suggesting would be financial suicide and would cost a fortune

I cant help wondering if this is a plot between the husband & his mother. OP has been duped into having children with him & they plan to make her out to be an unfit parent, remove the children from her (take them to Spain?)and leave her with nothing.
I HOPE it's not that sinister but I would be keeping a log of everything & taking legal advice. But keep that all hidden & play nice with him & his mother, you dont want to tip them off- just in case OP.

I'd.speak to a lawyer. Given the amount you paid in hopefully there will be a solution
I am also surprised any decent lawyer would have allowed this to happen

You don't have to be on the deeds to be an equal owner - the deeds are just the legal title. You have contributed equally and also have rights as a wife. See a lawyer and get your interest registered. You may also want to consider your marriage given the attempt to screw you over.