Sister pays mortgage but house in husbands name only ?

Kimberley82

This is the situation I will be in kind of, I will be putting £80k in plus 20 for improvements and paying towards the mortgage but it will be his house

Pee

If I was her, I wouldn't be worried, because she is married, although it's a good idea to consider the death angle check wills etc and if he won't discuss putting it in joint names, he's had really bad legal advice and he's a rubbish husband.

Jinx

My hubby is named on the mortgage but because I put a lot of cash into the house too I am named as a creditor on the mortgage. This means if the house is sold for whatever reason, I get paid after the mortgage company.

The OP could have this done.

lookingforsun

alwaysonthego wrote: »

She needs to put her name down as having interest in the property with the land registry, this means that he cannot sell without her permission/been informed.

Absolutely agree with this. My sister's husband bought their house & it is in his sole name (and he pays the mortgage). Her solicitor registered her interest before she started divorce proceedings, as he could have sold the house from under her.

oldbookgirl

Couple of follow up questions - does sis need a solicitor to register her interest with Land Registry or can she contact Land Registry herself - and does she need to ask/tell her OH ? I suspect if their marriage goes pear shaped she'll need to get to a solicitor pdq to do this and I'm worried he'd have "sold" it to his brother or back to his dad for £1. By the way Pee I disagree I think he's had pretty good legal advice ! but yes he is a rubbish husband !!

Mojisola

While they still have a mortgage, nothing can be done with the property without her being involved.

RAS

The problem arises when the mortgage is paid off.

The other nightmare is that as joint tenants, if the hubby died first the house would automatically be excluded from the estate under the joint and several rules. If the house is in his name only, then it is included in the estate and that could have major IHT implications. At the very least he needs to pay for life insurance to cover the additional IHT liability casued by the arrangment (could be £150,000 to be paid.)

RAS

The problem arises when the mortgage is paid off.

The other nightmare is that as joint tenants, if the hubby died first the house would automatically be excluded from the estate under the joint and several rules. If the house is in his name only, then it is included in the estate and that could have major IHT implications. At the very least he needs to pay for life insurance to cover the additional IHT liability casued by the arrangment (could be £150,000 to be paid.)

Mojisola

RAS wrote: »

The other nightmare is that as joint tenants, if the hubby died first the house would automatically be excluded from the estate under the joint and several rules. If the house is in his name only, then it is included in the estate and that could have major IHT implications. At the very least he needs to pay for life insurance to cover the additional IHT liability casued by the arrangment (could be £150,000 to be paid.)

It could be worse than that because he could write a will and leave the house to someone other than his wife. It would be possible to contest the will but that will cost money and cause even more problems with his family.

System

RAS wrote: »

At the very least he needs to pay for life insurance to cover the additional IHT liability casued by the arrangment (could be £150,000 to be paid.)

Why? He'll be dead. he won't care.