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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

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Spacecowboys · 19/10/2023 18:20

As long as it doesn’t make the mortgage unaffordable, you should both be on the mortgage and deeds- as joint tenants. You don’t have to have an income for this. You’re funding the deposit and will also be paying towards the mortgage in future. So protect yourself.

Coolblur · 19/10/2023 18:24

Yes this is correct. You cannot have your name on the deeds if it's not on the mortgage, nor can you be involved in the mortgage and buying process as it's not your name on the application.
If you want to be on the deeds then you have to be included in the mortgage application. This is for to protect the mortgage lender's interest in the property.
Unless you have bad debt that could negatively impact getting a mortgage (one person's good credit doesn't cancel another's bad debt) then reapply as a couple. That way you'll be on the deeds too.
Despite what people may say on here, because you're married it makes no material difference whether you're on the deeds. Should you divorce you would be entitled to a share of the property even if you've not contributed financially.

fridaynight1 · 19/10/2023 18:32

You need to redo the mortgage and have your income as zero. It’s only admin, it won’t delay by much. The mortgage company will then insist your name goes in the deeds.
And more to the point from the lender’s perspective it’s better risk wise to have both names on the mortgage application.
I am flummoxed that a broker wouldn’t know this.
What does your solicitor say about this?

2005alanab · 19/10/2023 20:30

Our broker said there wouldn’t be an issue adding my name at a later date. So we were confused when our solicitor (who I have paid for and instructed lol) says I can’t be on the deeds. Which is fair enough. Like I said, we are new to this and thought we were doing it the best way. Glad I asked here! M We are planning on this being our forever home with no intention of moving so we want it all done right. I have no debt and good credit rating so I’m hoping adding my name will go smoothly. Just hoping we haven’t left it too late. Mortgage has been approved and we are going through bits with solicitors. Don’t have an exchange/completion date as yet.

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