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Title Deeds why can't I be on them?

36 replies

FusionChefGeoff · 14/09/2017 13:59

As I have recently (last year) started my own consultancy business, our mortgage for our new property is just in DH name as the lenders won't take my income into account until I have 2 years trading history.

Solicitor is telling me that I can't be on the deeds??? She's got stuff wrong in the past and this just sounds odd. Surely if DH wants to 'gift' me 50% of the property then that's up to him??

We are planning to remortgage in 2 yrs so could sort it out then as I will be going back on the mortgage but grateful for any advice here.

Does it have any implications if the worst happened to him in the 2 years and I wasn't on the deeds?

OP posts:
8misskitty8 · 15/09/2017 16:25

You can be on the deeds even if you are not on the mortgage. My mum was SAHM for most of my childhood and she never contributed financially to the household ( but contributed plenty in other ways ) but she was jointly named on the house deeds.

Svalberg · 15/09/2017 19:40

Caused us no end of faffing about as I have my own company whereas DP is employed. Despite me putting down the entire deposit (40%) & DP being well inside the affordability for the remainder, they still didn't want my name on the mortgage & deeds without jumping through MASSIVE hoops. This was 5 yrs ago.

Nix32 · 15/09/2017 19:59

You can be on the deeds but not on the mortgage. Your bank will provide the solicitor with a form that both of you have to sign which acknowledges this.

SpicyTomatos · 16/09/2017 08:24

Worth noting that the usual way of jointly owning a property makes it easy to inherit the whole of property i.e. you don't need to do anything; however, it doesn't count as an inheritance, so if you are planning on passing it on to your children your tax free allowance will be smaller than if you didn't own it to begin with.

Cel982 · 16/09/2017 08:44

You can be on the mortgage and deeds and have zero income taken in to account - but the impact of this is often to reduce the amount which can be borrowed. This was the case for us; as soon as we added self employed DH with no income, the amount we could borrow dropped by about 40K - he was essentially treated as a dependent.

I've never understood this - whether the SAHP is on the mortgage or not, they still exist and are therefore still a dependant, surely? It's not like the bank won't be aware of the mortgage-holder's marital status, or whether they have one vs. ten kids at home to support Hmm

Bluntness100 · 16/09/2017 08:51

Speak to your mortgage provider. When we took out this mortgage it was done on my income as my husband had moved companies. I provided all documentation, he provided nothing, we are both on mortgage and both on deeds. It's quite normal and shouldn't be a big deal.

GreenTulips · 16/09/2017 09:49

My friend was in this position and it's a bloody nightmare in ways you can't even see!

You need to get on a mortgage and deeds ASAP

Fourmagpies · 16/09/2017 15:55

We remortgaged recently with TSB and I'm on the deeds and mortgage despite my income not being included (I'm self employed and DH's income more than covered what we were borrowing).

ToddlersAndCoffee · 16/09/2017 16:16

I'm not on mortgage or deeds due to currently being a sahm but am married to dh... we have life insurance to cover mortgage, doesn't this override being on the deeds?

Bellaposy · 16/09/2017 16:21

I'm a conveyancing solicitor. It is very, very unusual to be able to be on the deeds and not on the mortgage. Very few lenders allow this (one exception being HSBC). You would need to speak to your mortgage lender first - your solicitor is giving you the correct advice.

GreenTulips · 16/09/2017 18:02

Friends story

DH owns the house outright as she was a SAHM not in the deeds

He left and now has another woman and child

She has 4 kids

He refuses to sell the house and she can't force the sale. He refuses to insure the building and she can't as she doesn't own the property
He refuses to pay the council tax etc again his property his debt
She gets letters daily
She wants to sell and move and she can't
He won't pay house repairs
She's go not rights to the property - she's stuck - a tenant would have more rights than she does
He refuses divorce because the new woman wants to get married and he doesn't want too

Don't do it

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