Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Is it possible to add my name to a property deed if my husband pays the mortgage?

29 replies

Jikus · 08/06/2017 13:29

Hi!

My husband and I have just bought a property and moved in. I gave money for the £28 500 deposit but we don't have a joint mortgage as I currently don't have any income, and I'm only planning to get a job. So now he owns the property and pays the mortgage. As far as I understand the lender won't add my name to a property deed unless I share the mortgage. Am I right? And the second question - is there a way to secure I will have my share of £28 500 back if we split or if he dies?

Thanks

OP posts:
delilahbucket · 08/06/2017 13:33

You are correct in that you will need to be on the mortgage to be on the deed. When the application was done the mortgage provider should have been told about you as they will have wanted to know whether you have any interest in the property. As the wife you automatically have an interest in the property and if your dh does you will inherit unless he has a will that stipulates otherwise.
The only guaranteed way to ensure you get the money back is setting up a legal agreement via a solicitor. You also need wills set up, but he can change his without telling you and vice versa.

Original poster
Jikus · 08/06/2017 13:36

Thank you delilahbucket for a prompt reply!

OP posts:
DollsHouseTales · 08/06/2017 13:39

Jikus- I didn't think you needed incone to be on the mortgage. You would need to provide bank statements but that's not to do with proving payment towards a mortgage, if your dh can afford it on his salary alone (which clearly he can). What about all the stay at home mum's in the country? Lots will be on a joint mortgage (and the deeds) but they've never worked.

I have another question actually - maybe you or someone else might know! Can you be on a mortgage but not have your name on the property deeds? I don't know that.

Original poster
Jikus · 08/06/2017 13:46

As far as I know one cannot apply for joint mortgage without having any income.

OP posts:
EssentialHummus · 08/06/2017 13:55

We've recently (Nov/Dec) had a mortgage approved with both of us on the mortgage and deeds but only DH's income taken into account as I'm self-employed. They didn't so much as ask about my income. This is with Halifax. No-one batted an eye.

flowery · 08/06/2017 13:58

We have a joint mortgage and jointly own a property based purely on DH's income.

flowery · 08/06/2017 13:58

This was in April, btw.

mummabearfoyrbabybears · 08/06/2017 14:03

We've never had a joint mortgage (I'm a SAHM and have no income) although all the properties have been in joint names.

CotswoldStrife · 08/06/2017 14:08

We've had a joint mortgage when I was a SAHM.

It's a shame you didn't sort this out before the mortgage, as it would have been much simpler then. What did your DH say about the deposit, did he claim that it all came from him because there are very stringent money laundering regs that mean you have to provide a paper trail for your finances!

As far as being on the deeds, I'm not sure but I think you'd have to get the mortgage company's permission for this - and they may not agree.

Is there a reason that you are asking about this now, rather than beforehand?

AndNoneForGretchenWieners · 08/06/2017 14:09

DH is the only party to our mortgage but I'm named on the deeds - it must be possible. I couldn't be on the mortgage as I had a bad credit history when we bought the house thanks to my financially abusive ex.

TheFaerieQueene · 08/06/2017 14:09

We have a joint mortgage (DH and I). I don't have an income.

Gobbolinothewitchscat · 08/06/2017 14:12

You don't need to be party to the mortgage to be named in the deeds.

You would need the consent of the lender however and to agree that the charge over the property would not be frustrated by your interest in the property - ie the full amount still remains payable even if you own 50%

Did your solicitor not advise you about this and a deed of trust?

Gobbolinothewitchscat · 08/06/2017 14:13

By "advise" I mean advise you to get independent legal advice to protect your interests?

bojorojo · 08/06/2017 14:19

It is perfectly possible to be joint owner without actually paying the mortgage. See a solicitor and definitely get your contribution recognised.

AnnieOH1 · 08/06/2017 14:23

Google Matrimonial Home Rights xx

DollsHouseTales · 08/06/2017 14:31

How can you be on the deeds but not on the mortgage? What happens if the mortgage payer died?

Love51 · 08/06/2017 14:37

I'm another one who wasn't in work when we bought our first home. In terms of much they would lend us, obviously it was based on just his income, but we were both liable for the debt, so both our names were on the mortgage and the deeds. No way would I at that point in my life moved in to a property that was his, not ours.

Original poster
Jikus · 08/06/2017 15:08

Thank you so much for all your comments!!!

OP posts:
Original poster
Jikus · 08/06/2017 15:10

We are going to ask our lender, will talk to solicitors, hopefully it will all be sorted out!

OP posts:
Gobbolinothewitchscat · 08/06/2017 15:37

If you are a part owned but not party ti.gge mortgage, the if the mortgagee dies, the remaining part owner has to either take over the mortgage or pay it off. In.my earlier post I have said you can be kn.ghe deeds without being party to the kitchen but you must agree that your rights of ownership will not compete with the lenders security over the property

What should happen though is that adequate life insurance is in place so if the person named in the mortgage agreement dies, the mortgage is paid off

Gobbolinothewitchscat · 08/06/2017 15:38

mortgage not kitchen!

MissDuke · 08/06/2017 15:57

What happened to make you wonder about this after taking out the mortgage?

wonkylegs · 08/06/2017 16:08

Another one here with a joint income based on DHs income alone. I actually have an income but am self employed and the mortgage adviser suggested that it would make the application much more difficult and as we didn't need the extra income to apply for the amount we needed we applied in both names under one income only. I am also on the deeds.
On our first house I wasn't because it was more complicated as I still owned my own house for the 1st 6mths and couldn't have 2 mortgages. In the end we got a legal agreement set up by our solicitor, wrote wills (we weren't married) and insurance to cover my investment in the house.
We rectified the situation with the deeds when we remortgaged at the end of the 2 year deal.
Our solicitor was quite helpful in sorting out what was the best way to protect us both if something went tits up!

Dishwashersaurous · 09/06/2017 19:12

Another one with a joint mortgage and no income. Basically they only take one salary into account and you are a dependant but very much both on the the mortgage and both own the house

pigletpie29 · 09/06/2017 19:16

You can definitely have a joint mortgage without an income!