Title Deeds, Mortgage, OH's Rights

JimmyTheWig

I don't see why adding an unemployed person to the deeds/mortgage would be a problem. No reason not to put it in joint names.

We didn't use my wife's self-employed income for our first mortgage together. Just because she wasn't earning (and so didn't increase the amount we were offered) didn't cause any problems.

Unless being unemployed is a problem in itself. I don't know.

Jinx

I think it is reassuring that the couple have the honesty to communicate about any issues re money/property before they marry. Lets face it, many marriages end in divorce and I believe that money issues are a large factor. Marriage is and should be for the long haul so any issues should be aired and resolved in advance IMO.

I would take legal advice; discuss with the other half and then decide on the best course of action from there.

My other half and I moved into our home together, we are in Scotland and had a financial agreement drawn up by a Solicitor to reflect what would happen in the event of a split. Happily we have now married and the agreement is now in the bin but we fully discussed all aspects of wills, inheritance implications and all finances.

coolcait

Kakarot wrote: »

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.

You both need to get independent legal advice.

Your wife-to-be needs to know exactly what her position will be if the two of you split up, and to what extent her contribution to the family unit/family home would be taken into consideration. (because, as already pointed out, not all 'contributions; are monetary).

She also needs to consider what she'll be giving up to move into your home. If she currently has an assured tenancy, for example, that's a lot to give up for some 'assurances' that she'll be OK.

On the face of it, she is right to be worried about the position she will be in after the wedding, if she gives up what she has at the moment to become a non-entitled spouse. It may be that legal advice will help allay her fears. It may be that it confirms them.

You may alrerady have taken legal advice when deciding how to manage the house purchase. If you haven't, I would recommend that you also get advice on the legal issues.

coolcait

fluffnutter wrote: »

1) add her to the deeds and 2) make sure you make a will.

In Scotland, 1) would give her a half share of the house - so legal advice is really needed.

I completely agree with 2) - wherever anyone lives!

rpc

Mr_Thrifty wrote: »

If you die, as your wife she gets all your stuff anyway.

Oh no she doesn't!

Not in our fair country anyway You English have different rules.

daska

It's not necessarily the case in England either. You writing a will doesn't guarantee her anything because you could write a new one at any point. Depending on how the property is owned you could, in theory, write a will leaving it all to the local cat rescue and have a loving marriage til death do you part and she ends up homeless. She might be financially better off if you didn't write that will, or divorcing you, especially if you have children. (IIRC in Scotland there are rules as to how estates have to be distributed if there are are a surviving spouse/grandchildren - even if the will says otherwise.)

Mojisola

rpc wrote: »

Oh no she doesn't!

Not in our fair country anyway You English have different rules.

Only if there are no other living relatives -

https://www.youngandpearce.co.uk/intestrules.htm
Married person with children
Spouse gets everything up to *£250,000 & personal possessions.
Anything remaining is divided into two:-
Half to the children at 18 or earlier marriage.
Half in trust during spouse's lifetime - he or she gets the income. On spouse's death this half goes to the children.
If a child predeceases, leaving issue, his issue will take his share between them.

Married person, no children
If there are parents, brothers or sisters of the whole blood, nephew or nieces:-
Spouse gets everything up to *£450,000 & personal possessions.
Anything remaining is divided into two:-
Half of this goes to spouse
Half to parents. If no parent is living then it goes to brothers or sisters or their children.

Married person, no parents, brothers or sisters of the whole blood, nephew or nieces
Spouse takes whole estate.

rpc

Mojisola wrote: »

Only if there are no other living relatives -

www.youngandpearce.co.uk/intestrules.htm

That's English Law. Not relevant to the OP who is in Scotland and has to deal with prior rights (if no will) and legal rights (whether there is a will or not). If intestate, the residue is distributed according to a hierarchy where spouse ranks fifth behind children, siblings and parents of the deceased. The first group in the hierarchy that exists blocks anyone further down taking anything.

So in Scotland, if you die intestate married with no children but with living parents, your spouse will get their prior and legal rights but the parents will take the whole residue.

Mojisola

rpc wrote: »

That's English Law. Not relevant to the OP who is in Scotland and has to deal with prior rights (if no will) and legal rights (whether there is a will or not). If intestate, the residue is distributed according to a hierarchy where spouse ranks fifth behind children, siblings and parents of the deceased. The first group in the hierarchy that exists blocks anyone further down taking anything.

So in Scotland, if you die intestate married with no children but with living parents, your spouse will get their prior and legal rights but the parents will take the whole residue.

I know! That post was in answer to the ones which suggested the spouse would inherit everything if he died intestate in England.

I linked to the Scottish intestacy rules in Post 6.