My name is not in title deeds. What are my rights as a wife if we split up?

Thrugelmir

Are your parents UK residents?

littlewillow87

Thrugelmir wrote: »

Are your parents UK residents?

Nope. I'm totally a foreigner. My husband is British. I will become British eventually (about 4 more years).

Wh05apk

littlewillow87 wrote: »

Nope. I'm totally a foreigner. My husband is British. I will become British eventually (about 4 more years).

My guess, is that the sales person you saw did not ask for proof of deposit? this will likely be picked up by the solicitor, who will report it back to the lender, who will likely withdraw offer.


Not sure about HSBC criteria, but I think with most lenders you should be ok with a spousal visa, albeit they probably wouldn't accept your income.

Prothet_of_Doom

littlewillow87 wrote: »

Loveka and StuC75: Thanks for your answer. We are legally married under British law & have a child. I have just read somewhere that by being married, I am entitled to any property anyway even though my name is not on the deeds?
My husband reassured me that everything belongs to both of us. I do really trust my husband, just want to know my rights before the big decision.

Once married for 2 years, the courts would decide that you are pretty much equal and split all assets down the middle, no matter who has their name on the paperwork.
So your husband is correct.

But I'm not legally trained so ask a solicitor.

littlewillow87

Wh05apk wrote: »

My guess, is that the sales person you saw did not ask for proof of deposit? this will likely be picked up by the solicitor, who will report it back to the lender, who will likely withdraw offer.


Not sure about HSBC criteria, but I think with most lenders you should be ok with a spousal visa, albeit they probably wouldn't accept your income.

Why would they want to withdraw the offer? Could you explain more please?
We have told the bank & solicitor from the beginning that the deposits are from my parents. I have also asked my solicitor if he wants to see my parents' proof that the money they earned were legal & all that but he said that's fine he doesn't need to see. Do they still have the right to withdraw the offer if all the facts they've already known?

StuC75

Whilst all things are 'rosey' with the relationship, everyone would acknowledge that everything is split 50/50.

When things so sour and separate \ divorce for whatever reason then its a bit more complicated, resulting in a profitable time for Solicitors to argue out what the split may be.. Taking time to cover that now can be better in the long run, and wont upset anyone at this time.

littlewillow87 wrote: »

Loveka and StuC75: Thanks for your answer. We are legally married under British law & have a child. I have just read somewhere that by being married, I am entitled to any property anyway even though my name is not on the deeds?
My husband reassured me that everything belongs to both of us. I do really trust my husband, just want to know my rights before the big decision.

Wh05apk

littlewillow87 wrote: »

Why would they want to withdraw the offer? Could you explain more please?

Because as an over 17 yr old (I assume!) occupier of the property, you will need to sign a deed stating you have no financial interest in the property, clearly if you have contributed to the deposit you have an interest in the property.

littlewillow87

Wh05apk wrote: »

Because as an over 17 yr old (I assume!) occupier of the property, you will need to sign a deed stating you have no financial interest in the property, clearly if you have contributed to the deposit you have an interest in the property.

Does it even apply to husband & wife? I'm really confused now. No one ever mentioned that my husband cannot use my money to put on a mortgage in his name for our family home. I thought we share everything anyway so what's the difference if money from my side not his?

beachlou

Ask your solicitor about drawing up a 'declaration of truth'.