Title Deeds, Mortgage, OH's Rights

Kakarot

Hi everyone.

This is my first post so please be gentle...;)

Basically, I am in the process of purchasing a house. The mortgage will be in my name as will the title deeds.

However, I am also due to get married in a few months. My OH will move into the new home after we marry. Basically, what rights will my wife have if the title deeds are in my name?

She is currently worried that since her name is not on the title deeds, she will not be entitled to any share of the property in the event of divorce (which we hope to God, will never happen!) or my death, and that if things do get messy, I will be able to remove her from the house quite easily.

The reason why I have applied for a sole and not joint mortgage is that my OH is currently unemployed and I am likely to be the sole earner, certainly to begin with, considering the job market. Of course, if this changes, I will happily add my wife's name to the mortgage and the title deeds.

I also wish to know if I can take a mortgage in my name but add my OH to the title deeds, either now or after marriage?

Some advice would be really helpful so I can put my OH's mind at ease as understandably she is concerned that she could get screwed over. I have obviously tried to assure her that I would never allow anything untoward happen to her and she will always have a roof over her head regardless of what happens in the future, but I do understand her concerns all the same.

Please note we are both Scottish nationals who will be living in Scotland.

Thanks in advance guys!

Kakarot.

fluffnutter

I was just about to get all excited until you said Scotland... things may be different but AFAIK..

If you're married you can be added to the deeds without being on the mortgage.

If you die, inheritance laws dictate that your spouse will inherit the house that you were both living in at the time of your death (regardless of whether she's on the deeds or not). You should, however, make a will. This will override intestacy rules and you can leave your house to her (or anyone) confident that it won't matter who's on the deeds or mortgage.

In the case of a divorce, it will depend on your circumstances at the time, e.g. if you have any children, who's earning what, etc. and her being on the mortgage and/or deeds shouldn't make any difference.

I'm fairly sure that this applies to Scotland too but others might be better placed to help.

In short, I don't think you need worry. But you can do two things: 1) add her to the deeds and 2) make sure you make a will.

DVardysShadow

Your OH will be a housewife rather than unemployed if you must have a fig leaf to cover that issue.

Really, the fact that she is unemployed should make no difference to the mortgage - it should not do more than detract from affordability because she will be a dependant. If that is the issue you are trying to sidestep, it looks to me like you are trying to have your cake and eat it.

If you want to start married life on the right foot, this is something where you need to show right now that you are listening. A good woman will provide for a family in a way that going out to work will not do. You need to recognise that contribution and i suggest, you need to involve her in this property purchase as an equal partner from the outset.

If her being unemployed means that you cannot get the house you are looking at, so be it. She will probably [ and rightly IMO] feel more secure to rent with you as equal partners and work towards the time when buying a house together as equal partners becomes possible, even if it does delay home ownership.

In short, put being equal partners above doing things for optimum economic benefit. It will work better in the long run

Bert9

I was in a similar situation 10 or so years ago, I had my own home, was single when purchased, had been in it 3 or 4 years then got married. Both of us Scottish and living in Scotland.

I was the only name on the deeds and the mortage was in my name as when I got it I was single. When we moved some 5 years after getting married we got both names on deeds and mortage. It was no big deal to either of us, I changed my Will after getting married.

I would say enjoy your wedding, but others won't. I was "advised" to seek a pre-nup, as my wife wasn't bringing any property to the marriage...... I wasn't marrying her for her property portfolio so it really was of no concern, even when I was told she would get half the house if we split. This was advice from a friend, I chose to ignore it, he thought I was "off my head", we are to this day still good friends, he is still single, and I'm still married.

If it is causing your future wife concern, then you need to find out where you would stand in a worse case situation. I think only a solicitor could tell. If you are in the process of purchasing, then I would ask them where you stand (in terms of both you and your furture wife).

Anyway, enjoy your wedding (and Stag).

rpc

fluffnutter wrote: »

If you die, inheritance laws dictate that your spouse will inherit the house that you were both living in at the time of your death (regardless of whether she's on the deeds or not). You should, however, make a will. This will override intestacy rules and you can leave your house to her (or anyone) confident that it won't matter who's on the deeds or mortgage.

Not entirely. Prior rights only cover the property up to £300k if he were to die intestate. Spouse appears a couple of entries down in the list for distribution of the residue, so an intestate death where an expensive house is in single ownership won't automatically transfer whole ownership to the spouse.

While not directly relevant, a will cannot override the legal rights established in Scots law for division of the moveables (it can override prior rights, but not legal rights).

OP - speak to your solicitor. You don't want to screw this up.

Mojisola

Kakarot wrote: »

Some advice would be really helpful so I can put my OH's mind at ease as understandably she is concerned that she could get screwed over. I have obviously tried to assure her that I would never allow anything untoward happen to her and she will always have a roof over her head regardless of what happens in the future, but I do understand her concerns all the same.

Unless you've written a will, you can't give your wife that guarantee.

See this description of intestacy laws - https://www.dlbloomer.co.uk/site/knowledgebank/knowledgearticle/ifa_facts_intestacy_rules?id=ifa_ir_scotland.html

kingfisherblue

Regarding divorce - if there are children of the marriage and your wife is primary care giver, then the courts will see her contribution as equal to your financial contribution. My ex tried to argue that I didn't pay anything towards the mortgage for a few years during our marriage, but the judge (it was a very messy divorce!) pointed out that I could hardly be expected do this, as I was at home bringing up our children, including one who is severely disabled. The judge stated that my contribution was equally important to the family and that I was entitled to equal consideration when dividing the assets of the marriage.

Mr_Thrifty

Kakarot wrote: »

She is currently worried that since her name is not on the title deeds, she will not be entitled to any share of the property in the event of divorce.... .... and that if things do get messy, I will be able to remove her from the house quite easily.

"Nice" to see she's making sure she's well and truly protected in that eventuality.

If you die, as your wife she gets all your stuff anyway. So clearly the only way she might be disadvantaged is if you were to break up. In which case, what's in it for you to hand over a load of ammo that she can clobber you with if she needs to?

Let's not be naive here. It is clear what her concern is. Are there any helicopter parents or girl-friends in the wings giving her "advice"? As they say on Oprah, "you go girl!!"

Kakarot wrote: »

Some advice would be really helpful so I can put my OH's mind at ease as understandably she is concerned that she could get screwed over.

"Screwed over"? By which it would appear you mean she's concerned she'll walk away empty handed if you break up? Let me ask: did she put any money in to start with, or is it all your money that's going into the house? By the sounds of it, if anybody's going to potentially get "screwed over", it's you.

anon123456

i'd stop worrying about what she can get out from it and cover your own back so you don't get screwed over yourself...

tea_lover

Why are you going into marriage talking about divorce?

alwaysonthego_2

tea_lover wrote: »

Why are you going into marriage talking about divorce?

I was thinking that