Married couples - are you named on the mortgage even if you don't pay it (but pay most other bills)?

[joorla]

I've been mulling this over the last few days. I'm not named on the mortgage but I pay the council tax (which is huge) and the payment on the TV, phone & broadband, together with other small payments, all this mounts up to about £350 per month. If I didn't pay these bills we wouldn't be able to afford to live in our house.

Me & DH are not getting on at all lately and it's really got me thinking about the financial situation. I work 3 days (on maternity leave at the moment though) and we have separate bank accounts, I never ask DH for a penny and buy everything for the kids, book & pay for all holidays and we share the shopping bill between us.

We are jointly named on the mortgage and also on the utility bills. This is from when we lived together but were not married, but suits us fine.

I'm not an expert but I think if you are married your rights re the house are the same even if you are not named on the mortgage?

We have a joint account though, for the bills.

What exactly is it that you are worried about? The unfairness of it or what would happen if you separate?

My DH isn't named on the mortgage as I bought this house before we married. He does a similar thing to you - pays me £350 - 400 a month towards bills and mortgage. If I do put him on the mortgage in the future then I would have something drawn up to protect my investment (a large deposit from a house I sold previously) though I don't know if our being married would over-ride this.

My DH has another property which is rented out, I donb't pay for and which doesn'thave me named on the mortgage.

I like to think that unless my DH turned into a total bstard we would be fair about the finances if we do split up.

Nagoo - I'm concerned about what would happen if we separate. I would have to move into rented accommodation with the kids as I couldn't get a mortgage large enough for a property round here. I think if I continued to work part time and claimed benefits, I would probably be better off financially than I am now. It doesn't seem fair that I contribute so much to the bills etc and would not be entitled to anything. I am in no way a 'gold-digger' type and I know if it came to it, I could leave with the kids tomorrow and cope financially without any help from him.

Got to go, DS2 is crying be back later

I was going to divorce my husband last year, married twelve years two DC. my name was not on the house deeds we moved in ten years ago. The lawyer said he was going to have to prove that I was paying towards the running costs, its not actually cut and dried as you think; my situation was very similar to yours Joorla. I actually cancelled the divorce in january and my husband suddenly fell sick in february and died three weeks later. No will was left and my name on nothing mean't that his estate went intestate. I get the first £250,000 the rest is held in trust for the kids with me getting a lifetime interest (i could stay in house til I die ). The estate fell within the £250,000 otherwise the lawyer said she would have to prove to the court that I already own half the house because of my contributions over the years. Get your name on the property.

I think you should scoot over to the pro's in the legal/money matters threads.

They will be able to help you a lot better than us.

I think that you do have a claim to the house if your contributions in other ways free up money that your Dh can pay the mortgage, but it also sounds like it's going to cost more money to prove that in court.

Trouble is, it's always when things are getting shitty that you think about trying to level things out, and that's not the time when your DH is going to want to move golposts in your favour!!

I'm a SAHM mum but I'm on the mortgage.

My friend is my lawyer and she insisted that all money for the house purchase had to come from our joint account (DH put it in and we transferred it on from there). This is so that DH would not be able to say that he payed for the house in the case of divorce because it came from "joint" funds.