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Original poster

Deeds to the house

29 replies

2005alanab · 19/10/2023 12:06

My husband and I are buying our first family home. Hubby solely applied for mortgage as I’m not working, I’m at home looking after children and have been for last 3 years. I plan to go back to work when children are at school in a few years. We thought it made sense just to put his name on. Solicitor is saying that my name can’t be put on the deeds as my name isn’t on the mortgage, and even said they won’t do any more correspondence with me, only my husband - who works 7 days a week with no access to mobile or email which will inevitably make the buying process longer. (I’m currently doing all the admin) Is this right?? We are married and yet seems I have no rights to the property whatsoever, even though my money is being used for deposit and I will be contributing to mortgage soon. And the fact we are married! Shunning me out of emails etc seems a bit ridiculous- does the solicitor not realise we are married, and we talk to each other lol

OP posts:
GU24Mum · 19/10/2023 12:09

You need to redo the mortgage application with your husband's income declared and yours as none. It's perfectly possible to do that and you can then own the house jointly.

CrotchetyQuaver · 19/10/2023 12:10

I think the way round at least some of this would be for your husband to instruct them that due to his working hours he wants them to speak to you regarding the sale of the property. About joint ownership I have no idea, but at least you are married!

Elliebellie87 · 19/10/2023 12:14

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KievLoverTwo · 19/10/2023 12:17

Your OH needs to instruct them to deal with you and they need to respect that. We found a conveyencer who agreed to this earlier this year and I didn't have to shop around.

As an aside, what difference does it make to NOT have you on the mortgage? If you can already afford it on one salary and you will be earning in the future, why not do both?

You are removing all your rights over the house and in the hopefully implausible event the house is repossessed, before they grant the mortgage, the lender will have you sign a document that specifically says YOU have no right whatsoever to live there if they have to take the house back. It's pretty harsh. I certainly never would have agreed to just my OH only being on the mortgage if there was ever a chance of me working in the future.

Replyingtoyou · 19/10/2023 12:21

I imagine the problem is that if you are added to the mortgage with no income, you'd be classed as a dependent and therefore reduce what you could borrow? That happened to us this year

KievLoverTwo · 19/10/2023 12:46

Replyingtoyou · 19/10/2023 12:21

I imagine the problem is that if you are added to the mortgage with no income, you'd be classed as a dependent and therefore reduce what you could borrow? That happened to us this year

Oh yeah. I forgot about that bit. Misinterpreted OPs post and thought she was returning to work soon.

As long as she realises that she's signing away all rights to live in the house as well as any proceeds and is comfortable with it.

My OH wasn't. He was worried I would get put out on the street if he died.

Shrug. We didn't buy it.

BoohooWoohoo · 19/10/2023 12:48

You should be on the mortgage with earnings zero. That way you will be on the deeds too.

PinkRoses1245 · 19/10/2023 12:52

You should definitely be on the mortgage and deeds, it doesn't matter you have no income at the moment. Of course the solicitor can't talk to you, if it is essentially just your DH buying a house himself.

mumofgirls35 · 19/10/2023 12:56

Sounds easily rectifiable. Just redo the mortgage. If you had presented this as "my husband doesn't think my name should be on the mortgage because he is the one earning the money" it would be a very different story and I would be very worried for you. But it sounds like this situation you are now in wasn't his intention at all.

Original poster
2005alanab · 19/10/2023 16:12

Thank you all for your responses. We are new to the process so wasn’t aware that i could go on the mortgage with earnings zero. Obviously it wasn’t my husbands intention lol
so, if we were to get my name added to the mortgage, how much of a delay would this cause? Because we are half way through proceedings I’d say.

OP posts:
Original poster
2005alanab · 19/10/2023 16:13

Also, how would it work in a few years when we come to remortgage the house? Could we add my name then and then legally get my name added to the deeds? Sorry, I’ve no idea how it works so please be kind

OP posts:
KievLoverTwo · 19/10/2023 17:07

2005alanab · 19/10/2023 16:12

Thank you all for your responses. We are new to the process so wasn’t aware that i could go on the mortgage with earnings zero. Obviously it wasn’t my husbands intention lol
so, if we were to get my name added to the mortgage, how much of a delay would this cause? Because we are half way through proceedings I’d say.

Probably a couple of weeks. They'll do what PP suggested, they'll have to recalculate your finances with you (and the kids) down as dependents.

If you are really, really stretching yourselves financially, there's a possibility you won't get the mortgage that you need if you try to get you added (that's why we ended up taking me off). However, you can also stretch the mortgage term to increase affordability if this happens. But it ends up costing you a heck of a lot more in the long term.

The best thing to do is, before you go about changing your mortgage, talk to a mortgage broker on the phone, send them all the necessary earning details, they might want pension stuff, etc. Then ask them to do a SOFT CHECK against a mortgage lender with you also on the mortgage and see if the broker thinks you pass the affordability criteria as a couple with no problems whatsoever.

This will guide whether you need a solo or joint mortgage.

You can apply to have you added to the mortgage at a later date, but they will charge you, and, again, they'll do the whole affordability check thing before allowing you to be added.

Elliebellie87 · 19/10/2023 17:16

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Elliebellie87 · 19/10/2023 17:16

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caringcarer · 19/10/2023 17:40

2005alanab · 19/10/2023 16:12

Thank you all for your responses. We are new to the process so wasn’t aware that i could go on the mortgage with earnings zero. Obviously it wasn’t my husbands intention lol
so, if we were to get my name added to the mortgage, how much of a delay would this cause? Because we are half way through proceedings I’d say.

To reissue the mortgage takes about a week. I had to have one reissued because they put the wrong postcode.

Original poster
2005alanab · 19/10/2023 18:02

Yep! We use a broker And they said initially that getting my name on the deeds at a later date wouldn’t be a problem! Of course that’s incorrect….. told hubby all the info you guys have given me today, think we are gonna contact the broker and try sort this out

OP posts:
Original poster
2005alanab · 19/10/2023 18:04

@Elliebellie87 not great apparently 😂

OP posts:
Elliebellie87 · 19/10/2023 18:04

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Original poster
2005alanab · 19/10/2023 18:06

@Elliebellie87 i was!

OP posts:
winniethedoo · 19/10/2023 18:06

2005alanab · 19/10/2023 18:02

Yep! We use a broker And they said initially that getting my name on the deeds at a later date wouldn’t be a problem! Of course that’s incorrect….. told hubby all the info you guys have given me today, think we are gonna contact the broker and try sort this out

Edited

The broker said this? You can go on the deeds and not the mortgage? I would have my doubts. As others have said you can go on a joint mortgage with no income. It's important you do too.

Elliebellie87 · 19/10/2023 18:12

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Knivesandforks · 19/10/2023 18:12

Redo mortgage- really silly not to be on it! Very vulnerable position whether married or not it will be his house.

Mcgooch23 · 19/10/2023 18:13

I think you need to sign a declaration (solicitor can help) that you are tenants in common, and then decide how to allocate shares in the house - I'd suggest 50/50. Don't worry about the term 'tenant' - this is regarding ownership, not leasing.
https://www.co-oplegalservices.co.uk/conveyancing-services/joint-tenancy-tenancy-in-common/

https://www.co-oplegalservices.co.uk/conveyancing-services/joint-tenancy-tenancy-in-common

KievLoverTwo · 19/10/2023 18:15

Honestly OP, I'd find a different mortgage broker. Whether you misunderstood or he/she deliberately misinformed you, they've left you with very unclear picture about YOUR rights, and it's only because you took the time to ask here that you found out before your husband sent the signed forms back.

One thing I must stress to you, if a broker offers to do an affordability check with mortgage lender x, y or z for you (e.g. to see if you can still afford the house with both of you on the mortgage), BE VERY, VERY CLEAR TO THE BROKER 'that's fine, but make sure it's a SOFT CHECK.'

Otherwise your credit rating will get screwed by checking what you can afford with various different lenders.

Mcgooch23 · 19/10/2023 18:19

Or you could decide you want to be Joint Tenants - either way is a legal declaration that agrees who owns the house. When the house is under a mortgage, the lender will have a note put on the deeds declaring a charge on the property, ir they might hold the deeds themselves.