Adding wife to house deeds- how and why?

Pumpkin7

My husband and I married last year.

At the time of purchasing the house (late last year also) only my husband went down on the mortgage application as I am self-employed and had been less than 1 year.

However we would like me (the wife) to be added to the deeds.

Now Im not sure what the law is but the reason I would like to be added is I would feel more secure should the worse happen to by husband especially as we have 1 child and another expected in the Autumn so it is vital we would not lose our home for my children and I.

However; am I worrying without cause?

If I am the spouse and named in the will, would the house be ours or would it be less secure due to me being absent from the deeds?

A solicitor told us the work for this would cost £600 and he cannot gurantee it would go ahead as its up to the mortage lenders if I am allowed to be named on my own home?

Thank you in advance

Pumpkin7

I should also add at the time of mortage applications we were not yet married if the makes a difference

CLAPTON

I can see no reason why you weren't on the mortgage in the first place

however, now you need to ask the mortgage company because they will require the names on the deeds to be the same as the names on the mortgage

and yes it is wise to have your name on the deeds as if you are the joint tenant then the house becomes yours automatically on the event of your OH's death.

Pumpkin7

CLAPTON wrote: »

and yes it is wise to have your name on the deeds as if you are the joint tenant then the house becomes yours automatically on the event of your OH's death.

So does that mean if the mortgage lenders refuse to let me be added my children and I are at risk of losing our home?

Im getting worried ....

CLAPTON

Pumpkin7 wrote: »

So does that mean if the mortgage lenders refuse to let me be added my children and I are at risk of losing our home?

Im getting worried ....

well no need to panic

if your husband has made a will in your favour then the property becomes yours although you would still need to go through probate

if there is no will then the laws of intestacy apply; the precise results depend upon the total value of your OH's estate


but if you are a joint tenant (the technical way of being joint owner) then the property is yours without probate, wills or intestacy laws.
.. a bit like a joint bank account is jointly and severally both parties so if one dies the other automatically owns the a/c with any hassle

I trust you both have adequate life insurance

holly_hobby

When you are a married couple, and either spouse dies the surviving spouse automatically becomes main beneficiary (without a will though, that doesn't mean you get everything just the first consideration).

Regardless if your name is on the mge deeds or not, as a spouse the house will go directly to you (after repayment of the os mge of course), WITH a will you will benefit WITHOUT the delay of the property/estate of the deceased, having to go through the laws of intestacy/probate, but WITHOUT a valid will - the distribution of the deceased property/estate will be apportioned in accorandce with the rules of intestacy/probate.

So if there is a will, the estate will be distributed in accordance with the deceased 's wishes (not withstanding any legal challenge to the same by a.n.other)

WITHOUT a will, the following applies (I am referring to the situation of a spouse with issue/children as is your case).

Net estate LESS than £250k - the lot to the surviving spouse

Net estate MORE than £250k – the first £250k (plus all personal possessions of the deceased) to spouse.
THEN
The half of the remainder of the estate is shared equally amongst all of the deceased's issue (children). With the spouse (you) retain the right of interest on the remaining share during their lifetime, then after the your death the interest will then be apportioned to the children in equal shares.

So technically NO you do not need your name on the deeds to benefit from receiving the property following your spouse's death - but remember laws of intestacy & making a will.

BUT, I would strongly advise on a will - to yes avoid probate (which can be a lengthy process) but moreover to ensure that both you and your hubby are able to make clear and document - at a time whilst you still have the opportunity, exactly what you want to happen to your estate on death, including care of your children if you should both die at the same time, or before their maturity. A will just stops confusion, unnecessary legal delays and gives the individual piece of mind that their wishes are clear and noted.

You can amend, cancel or add codicils to your will at any time (before death obviously). A will is not revoked on divorce, but is on any subsequent re-marriage - just a little nutmeg to also be aware of ...

General advice - but hope this helps settle your concerns a little..

Holly

CLAPTON

holly_hobby wrote: »

When you are a married couple, and either spouse dies the surviving spouse automatically becomes main beneficiary (without a will though, that doesn't mean you get everything just the first consideration).

Regardless if your name is on the mge deeds or not, as a spouse the house will go directly to you (after repayment of the os mge of course), WITH a will you will benefit WITHOUT the delay of the property/estate of the deceased, having to go through the laws of intestacy/probatee, but WITHOUT a valid will - the distribution of the deceased property/estate will be apportioned in accorandce with the rules of intestacy/probate.

So if there is a will the estate will be distributed in accorance with the deceased wishes (now withstanding any legal challenge to the same by a.n.other)

WITHOUT a will, the following applies (spouse with children as is your case).

Net estate LESS than £250k - lot to the surviving spouse

Net estate MORE than £250k – the first £250k (plus all personal possessions of the deceased) to spouse.
THEN
The half of the remainder of the estate is shared equally amongst all of the deceased's issue (children). With the spouse (you) retain the right of interest achieved on the remaining share during their lifetime, then after the your death the interest will then be apportioned to the children in equal shares.

So technically NO you do not need your name on the deeds to benefit from receiving the property following your spouse's death.

BUT, I would advise on a will - to avoid probate (which can be a lengthy process) and to ensure that both your and your hubby make clear what you want to happen to your estate on death, including care of the children if you should both die at the same time, or before their maturity. A will just stops confusion, unnecessary legal delays and gives the individual piece of mind that their wishes are clear and noted.

Hope this helps

Holly

sadly this is incorrect

whether there is a will or not the estate will have to go through probate (unless the estate is trivial in value ..say less than 5k)

only joint a/cs or in the case of property if the property is held a joint tenants will probate be avoided.

without a will, if the property is worth more than 250,000 then there will be some considerable complications

holly_hobby

I am sorry clapton - but without getting into a row - you are very wrong - and this is a very important subject to get right for the OP.

Could you please advise the basis of qualification that you have made your statements.

Holly

holly_hobby

holly_hobby wrote: »

Regardless if your name is on the mge deeds or not, as a spouse the house will go directly to you (after repayment of the os mge of course),

Holly

I should have made clear, that this occurs if there is a will in place dictating such, and if not, in accordance with laws of intestacy - if the net value of the house (i.e after repaying the mge debt) is less than 250k - with any surplus apportioned as I earlier detailed above.

Holly

CLAPTON

holly_hobby wrote: »

I should have made clear, that this occurs if there is a will in place dictating such, and if not, in accordance with laws of intestacy - if the net value of the house (i.e after repaying the mge debt) is less than 250k - with any surplus apportioned as I earlier detailed above.

Holly

to clarify

the rules of intestacy you quoted are correct as far as I recall

but probate is required whether there is a will or not.

holly_hobby

I apologise for any confusion caused to anyone ..... to recap on the areas raised ...

My earlier post was not referring to "avoiding probate", in the terms of the probate court having absolutely no dealings with the estate, or referring to the requirement of the executor having to apply to the probate registry for a grant of probate (i.e proof that they have the authority to administer the estate on behalf of the deceased), but rather that a valid will should avoid the lengthy process of probate led intestacy laws, which come in to play in the absence of a valid will, and the subsequent adherance to intestacy laws. (this process (generally) being what the layman understands as probate).

Yes, I confirm the intestacy rules quoted, in relation to suriving spouse with issue, are correct

OP - hope that the posts here have assisted ... your next task, even if you can afford the admin costs of adding you to the mge & deeds, is to also make sure that both yourself & hubby have valid wills and appropriate life/family protection in place .... if costs are a consideration there are often "will weeks", where by the writing of a will can be done at a discounted fee or for a donation to a noted cause.


With best wishes and good luck ...

Holly