Mortgages and coownership

[Firstposter]

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!

I'm very happy to go and get legal advice. I'm just not entirely sure what I should be asking?

Thank you all for your comments x

"Hi there,
Im not on the deeds of the house that I've been living in and have joint purchased with my boyfriend. We're scheduled to marry in the next few months. What are my rights to the property if he dies or we break up either before or after marriage?"

Who's given advice based on English law?

I also know a lady who owned her house outright. Got married and DH moved in. 10 years later they got divorced. The house had increased significantly in value during that time. She ended up having to pay him some of the increase in value as part of the divorce settlement.

I think historically women weren't put on the title deeds so the law is set up to protect the spouse on the deeds or not.

Double check with a solicitor.

I would have thought that when the solicitor advised you to do it this way they also will have advised you to get wills sorted.

The main thing is you asked if you have been taken for a mug and worry about being vulnerable after previously being in an abusive relationship. No, it really doesn't sound like your fiance has done anything to make you doubt him but - again - just go back to get independent advice and I would take a trusted friend/family member with you who can make notes and help you understand things if it all starts to get a bit hazy one you've left the meeting. Your solicitor should also send you a letter outlining and explaining their advice.

Just explain your situation as you have done here (he bought house, you own flat, you are intending on getting married and selling the flat, possibly jointly buying a second property - as your name is not currently on the deeds of the house you want to know what you need to do to protect yourself in the case of the worst happening and when).

You should ask a solicitor how you can become a joint tenant of the property. This is very important. You will also have to be responsible for the mortgage. I would definitely do this regardless of marriage.

This sounds all quite fast, are you sure you want to sell your flat for a holiday home (which often lose value)? Keeping your flat as a rental could give you longtime security.

www.savvywoman.co.uk/2009/09/buying-a-property-together-what-the-law-says-if-you-live-in-scotland/

There’s more information here too.

scotland.shelter.org.uk/get_advice/advice_topics/finding_a_place_to_live/buying_a_home/buying_a_home_with_other_people

It’s not joint tenants in Scotland BTW. But otherwise I agree with what WhoKnew2014 says.

Remember the solicitor you saw was advising her client ( your fiancé) how best to organise the purchase of HIS property. She was telling him what to do that was best for him. That’s their job, to protect their clients interest.

You need a solicitor from a different firm to advise what’s best for YOU.

You are smart enough to work out now that the current set up makes you vulnerable, especially if the marriage is delayed. MN boards are full of women who moved in with their partner hoping for marriage and 15 years and two kids down the line it still hasn’t happened.

Because ....

He’s waiting for the right time
He says they can’t afford it
He wants to save up and do it “ properly “
He has issues because his parents divorced
He says “It’s just a piece of paper”
He says “ We are happy as we are why spoil it ? “
He’s against marriage because his ex cheated on him
His ex took him to the cleaners and he’s worried I’m a gold digger
She thinks said they should prioritise TTC as she doesn’t want to be an “old” mum
She though common law spouses was a thing

Etc etc etc

Which is not a problem if you both own your home equally AND neither of you go part time or take a maternity / parental leave/ career break to facilitate the others career AND neither of you want to marry AND you have the equivalent legal protections in place ( you can’t have all of them such as inheritance tax.

Sorry - had missed it was Scotland! Yes get to a solicitor ASAP.