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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Original poster

Mortgages and coownership

33 replies

Firstposter · 10/06/2019 23:20

Hey folks, this is my first post so go easy on me!

I'm a little worried about the ownership status of our home. Basically my fiance and I got engaged in march last year (exciting!) And he purchased a house in April for us to move in to (he had previously been staying in my flat). We now live together in the house which he owns but I contribute to all the bills. I had retained my flat but we are now selling it (and maybe buying a holiday home somewhere).

My worry is that my name isn't on the deeds or mortgage for our home. We will be getting married in a few months time. At the time of purchase our solicitor advised us to do it this way due to tax and things (very complicated and I didn't really understand but took the advice of the solicitor at face value)

I'm now a bit worried that I don't actually own my house, and if anything was to happen to my other half (even after marriage) that I wouldn't get to keep our home. I'm really worried I've left myself very vulnerable. We live in Scotland if that makes any difference?

Id appreciate your advice!

OP posts:
IM0GEN · 10/06/2019 23:37

You are right. It’s not your house and you don’t own it.

You should have taken independent legal advice at the time. Get some now.

Original poster
Firstposter · 10/06/2019 23:39

Is this fixable?

OP posts:
EdtheBear · 10/06/2019 23:43

Once you are married it will be classed as a marital home. He will need your permission to sell it. Which in turn gives you an element of control over it.

EdtheBear · 10/06/2019 23:45

Are you paying the mortgage on it too?
I'd maybe double check with the solicitor but he must have had some logic why when advised you not to go on the deeds / mortgage.

Original poster
Firstposter · 10/06/2019 23:48

I'm not paying the mortgage but I'm paying for other expenses such as utilities, broadband, food shopping etc.

I think the solicitor advice at the time as based on me owning a flat of my own.

Have I been taken for a mug ?

OP posts:
GreenTulips · 10/06/2019 23:49

He doesn’t need your permission to sell it and you can’t force a sale.
He has sole charge on the house married or not!

Friend is in this situation.

They are separated but no divorced - she can’t claim rent/or council tax and the debt is mounting.

Shit position to be in.

Ask for your name to be in the deeds ASAP

But he is basically selling it to ‘you as a couple’ so lots of legal work involved

Original poster
Firstposter · 10/06/2019 23:50

What control does it give me if it's my martial home?

I'm sorry if I'm being silly, about 6 years ago I was in an abusive relationship and im worried I've leftyself vulnerable

OP posts:
IM0GEN · 10/06/2019 23:50

Yes it’s fixable. You get a solicitor to change the deeds on his house to make it your ( joint ) house. You can do that now.

It’s not automatically fixed when you get married as he bought the house in April 2018 but you are not marrying until late 2019, he could argue that the house wasn’t bought as your marital home.

Why on Earth did you sign up to this in the first place ? What tax implications ? Don’t agree to legal things you don’t understand.

You need your OWN solicitors, not his.

If you can afford two houses, you can afford proper independent legal advice .

Original poster
Firstposter · 10/06/2019 23:57

To make it a joint house will I have to be on the mortgage as well? I think we would have paid extra tax if my name was on it as it would count as a second dwelling?

OP posts:
GreenTulips · 10/06/2019 23:58

Not sure on tax implications but you can be on the deeds and not the morgage

IM0GEN · 11/06/2019 00:02

AFAIK the deeds and mortgage are seperate. But I’m not a solicitor, please get your own legal advice . So not from your boyfriends solicitor.

If you post in Scotsnet and say which town you are near, people will recommend someone.

Original poster
Firstposter · 11/06/2019 00:02

Thanks for the advice. Is this something you've been involved in?

OP posts:
LemonTT · 11/06/2019 00:08

The tax issue is related to the OPs ownership of another property. This would have raised the stamp duty on the property her DP bought.

When she sells her flat and buys another property the same thing would apply if she co owned the house. She is better off not owning 2 properties at this time. So was he.

Marriage combines their wealth and they should have a discussion about what that means in relation to the 2 properties.

Original poster
Firstposter · 11/06/2019 00:14

Thanks lemon tt. That makes sense. Is this something that can be easily fixed?

OP posts:
CiarCel · 11/06/2019 00:15

Well I assume the solicitor advised this because otherwise you would own two properties and i don't know about Scotland but that would have made the stamp duty on the purchase of the house bigger and you would be liable for capital gains tax on the flat when you sell it in England.

As it stands, you own a flat and he owns a house. If your name goes on the deeds when you are not married then he will be "gifting" you a share of the property and so stamp duty will be payable if you still own the flat.

So you need to go back to get independent advice and take a trusted friend/family member with you to ensure YOU understand what is happening but I imagine the original advice was: sell the flat before your name goes on the deeds of the house.

The money from the sale of the flat stays entirely in your name and is not used to purchase anything with his name on, or spent on him, until you are married and your name on the deeds of the house.

There is really nothing to panic about with your current set up but you really must seek advice from a professional to make sure you understand all the future implications of selling your flat, buying a 'holiday home', getting married and getting your name on the deeds.

EdtheBear · 11/06/2019 00:20

He most definitely will need the Ops permission to sell when it becomes a marital home. A man cannot make his wife homeless. I had to sign papers for DH to sell his house that I had no stake in, Also in Scotland.

EdtheBear · 11/06/2019 00:25

Incidently DH bought his house 3 years before we met. We didn't want to spend money on needless legal fees putting me on the deeds etc as we knew that our long term plan was to sell it and buy jointly.

LemonTT · 11/06/2019 00:25

Yes, it can be fixed. But Scottish law is different in relation to marriage and divorce so take advice locally.

As one pp said you could continue to hold the properties separately as personal assets if they are of equal value.

Lots of things for you both to talk about especially if you are going to let out the second home (another tax issue).

But the costs you are paying out for are living expenses. However you should get half the cost of anything associated with the flat and future second property.

Musti · 11/06/2019 00:25

So don't sell the flat until you're married.

Original poster
Firstposter · 11/06/2019 00:26

My concerns aren't just about what happens in the event of a break up. An old school friend of mine recently died It made me realise that heaven forbid something was to happen to my other half I could be homeless with no claim on the house

OP posts:
GreenTulips · 11/06/2019 00:27

Is there a will in place and insurances?

IM0GEN · 11/06/2019 00:27

Land and Buildings Transaction Tax (LBTT) is the property tax in Scotland. It replaced the Stamp Duty Land Tax in April 2015.

EdtheBear · 11/06/2019 00:28

If you sell the flat before the date of the marriage all is good he can't claim on the money from it. If you sell it after the wedding then split hs could make claim on it as it was money that you came into during the course of the marriage regardless of where it came from in the first place.

Definitely a bit of a mine field that might be worth taking advice on.

EdtheBear · 11/06/2019 00:33

In the event of death before the wedding (heaven forbid and unlikely to happen) you need to make sure you have a will and insurance policies in place. After the wedding assuming wills are sorted probably it is more straightforward for it to be transferred into your name and for the insurance companies to pay out.

IM0GEN · 11/06/2019 00:43

The law on marital property is not the same in Scotland. Please get proper legal advice OP, don’t go on what people are telling you here about English law, it’s not relevant to you.