Married but not on mortgage or deeds

westv

ACG wrote: »

What happens if your wife has to go into care? The house may be sold to pay for it and you have no share of it.

Surely in that instance the house can't be sold but a charge may be placed on it by the local authority?

Mattygroves2

westv wrote: »

Indded. When you're married it really doesn't make any difference. Any home (whoever is on the mortgage/deeds) is jointly owned by both spouses.

If there is no will then on the death of the owner only the first £200,000 of the estate goes to the surviving spouse. It wouldn't take a very big house in the SE for this to trigger a sale.

If there is a will then you are relying on your spouse to will the property to you. You don't own it as you are not on the deeds so they would be free to leave it to the local cats home if they wanted to.

Many couples take the risk of single ownership of income bearing assets for tax reasons (BTLs, shares, bank accounts etc) but I can't see why you would want to do that with the house you both live in

Mojisola

westv wrote: »

Indded. When you're married it really doesn't make any difference. Any home (whoever is on the mortgage/deeds) is jointly owned by both spouses.

No, it isn't.

If the couple were to divorce, the value of the house would be part of the financial settlement but, in the meantime, there's nothing to stop the house owner selling the house or taking loans against it.

kingstreet

Mattygroves2 wrote: »

If there is no will then on the death of the owner only the first £200,000 of the estate goes to the surviving spouse. It wouldn't take a very big house in the SE for this to trigger a sale

Under the intestacy rules, it's the first £250k which passes to surviving spouse, not £200k.

http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm#h_what_are_the_rules_of_intestacy

MoaninMini

nearly a year has passed and no attempt to add me to the mortgage. Really disappointed gave £40K all of savings in end with promise of adding to mortgage and deeds. I trusted him to do this. I tried asking reminding forgetting about it etc. Husband due to pay off mortgage next year so I have a feeling he will drag out long enough to ensure not added. We have life insurance with work but he has told me that is split between my daughter and I (I don't know the %). I pay for half (pro rata) everything all the bills and he covers mortgage. He only has to make a call to the mortgage company he has been married before but once again he owned the property and lost very little. I don't want to be in position where I have paid all my life for the house its upkeep and I do all the chores to be left nothing.

MoaninMini

can I do my own will (my husband refuses to do one)

Beckyy

You can do your own will but you will only be able to specify what you own in it, so not the house.

Would you be able to sit down and have a chat about it? Ask for your name to be placed on the deeds for the % that you have put in which is only fair. What is his reasoning for not adding you on? Each to their own but it looks very suspicious from and outside point of view.£40K is a lot of money, could you contact the solicitor to initial adding yourself onto the deeds as he 'promised' or would this rock the boat?

Goldiegirl

Have you directly told him of your wish to jointly own the marital home, and that you want to proceed with it now, with no further delay.

If you have spoken to him about it, what does he say?

Personally, anything less than a reply of, yes, we'll start doing this straightaway would be completely unacceptable to me, and I'd be seriously considering the future of the relationship.

Also, I'd be very concerned that he's unwilling to draw up a will..... He's giving every impression that he doesn't to secure your future after he dies.

I have to ask, what exactly is his problem?

MoaninMini

He promised he would put me on the mortgage and deeds but said I needed to give money before remortgage for ease. He is a control freak and old fashioned and doesnt like to be told what to do I can't see it ever happening now I am not thinking about divorce just want it to be fair he doesn't see things 50 50 and I guess he wants the house all to his assets.

Mojisola

MoaninMini wrote: »

nearly a year has passed and no attempt to add me to the mortgage. Really disappointed gave £40K all of savings in end with promise of adding to mortgage and deeds. I trusted him to do this.

Husband due to pay off mortgage next year so I have a feeling he will drag out long enough to ensure not added.

I pay for half (pro rata) everything all the bills and he covers mortgage.

MoaninMini wrote: »

He promised he would put me on the mortgage and deeds but said I needed to give money before remortgage for ease.

He is a control freak and old fashioned and doesnt like to be told what to do I can't see it ever happening now I am not thinking about divorce just want it to be fair he doesn't see things 50 50 and I guess he wants the house all to his assets.

He's not being old-fashioned; he's being controlling.

If he was old-fashioned, he would be supporting you, not taking your savings from you and expecting you to pay half of the bills.

I think you need to stand up for yourself - I would stop paying the bills and put that money away into an account he can't touch. As he put your money towards the house but you don't have an ownership over it, tell it you're treating it like a loan - once the money you would have paid towards the bills reaches £40k, you'll start contributing to them again.

Financial abuse is considered domestic abuse these days -
http://www.womensaid.org.uk/domestic_violence_topic.asp?section=0001000100220049