Husband refuses to put my name on the deed of the house

HappyMJ

Meyor wrote: »

I understand him trying to look out for his kids.

All I am saying is that what was mine before marriage, should remain mine. I can't put all my eggs in one basket with his. As I am going to be financially responsible for the half the bills as I have done, then I feel my name should be on the deeds of the new buy.

I am perfectly happy with his children can benefit from stuff we accumulated together.

Did you get a solicitor to draw up a pre-nuptial agreement saying your house would always be your house no matter what? Are you using income earned in the marriage to pay for the mortgage on the property? You must be. The rental income you get is supposed to be shared and used for joint expenses and bills and therefore the mortgage payments you make on your property is coming out of money you've earned in the marriage and if you don't have a mortgage you will be using joint money to pay for maintenance expenses on your property.

I doubt you've set up a pre-nuptial agreement correctly. They are very hard to get right even solicitors can't get them right...everything you own now is marital property and split equally in the event of your divorce including your house. It's almost impossible to not use jointly earned money to pay for and maintain your property.

If you think otherwise then you could be in for quite a large legal bill if he wants to divorce you for unreasonable behaviour which direction this appears to be heading in.

Meyor

glentoran99 wrote: »

Why oh why would you do anything that's going to cost you £16,000 seems nonsensical.

£16k eaten up by a mortgage loan is minor considering I will be responsible for paying over 10 times amount in mortgage payments over the 25 years.

Mojisola

Meyor wrote: »

All I am saying is that what was mine before marriage, should remain mine.

That isn't how the law works.

Whether his name is on your property is irrelevant - if you divorced, the marital assets would be divided up starting from a 50/50 division.

Meyor

Mojisola wrote: »

That isn't how the law works.

Whether his name is on your property is irrelevant - if you divorced, the marital assets would be divided up starting from a 50/50 division.

Not if we come to an agreement. My husband wouldn't want my part of my flat as part of divorce proceedings but divorce is not what we are talking about here.

peachyprice

Meyor wrote: »

Hubby is like well if your name goes on the deed of this house, then my name should go on the deed to your flat.

Well he does have a point. What's his is yours and what's yours is yours, not to mention that he's going to lose out on a chunk of discount by adding you. It's all a bit one-sided which seems to be purely based on your bitterness towards is ex and his children.

If I were him I'd run a mile.

pollypenny

I'm wondering how anyone can benefit from two right to buy discounts!

FBaby

So if is not about divorce go and write a will. Say you leave x to hubby (although you must understand that means he can then leave all to his kids) and x to your family. He can do the Anne with his property. Ideally you'll both know what you've put in each others will especially as you'll need to discuss what you went to happen if both pass away together.

HappyMJ

Meyor wrote: »

Not if we come to an agreement. My husband wouldn't want my part of my flat as part of divorce proceedings but divorce is not what we are talking about here.

Okay we'll talk about death. Have you written a will ensuring half the value of your combined assets is left to your husband?

If you don't ensure he gets half the assets then your will will be contested as being unfair. You can't give away his share of the marital property.

What you do with your share is up to you but as he will now own half of your house then your half of your house will have little value. Who wants to own a 50% share of a house with someone? No one will so he'll effectively get the whole house. They (whoever who leave your half of the house to) will not be able to force him to sell his share of the house.

TBagpuss

One thing which you could do would be to get a post-nuptial agreement drawn up (like a pre-nup, but after you are married.

You could have an arrangement which said that you each retian the assets which you had prior to the marriage.

For you, this would be the flat you own, for him , it would be the value of the discount he is entitled to on buying the house you are currently living in.

You could then agree that the house you live in is bought in his sole name, with a mortgage in his came (preserving the maximum discount)

Then deal with the house. If his discount is 20%, then the agreement can set out that 20% of the gross value of the hosue is his, as it is the value of the asset he had before you got together.

Any equity, after payment of the mortgage and his 20% of the value, to be split equally provided that you both continue to split the mortgage and other bills equally.

You can register a Matrimonial Home Rights notice over the house which would give you some protection in the even he sought to sell or remortgage it without your knowledge.

At some point in the future, you can consider putting the house into joint names, with a decalration of trust providing for you to wown as Tenants in Common in unequal shares.

Another option would be for you to agree to keep your finances totally separate. He keeps the house in his name and pays the bills and mortgage. You pay him a fixed amount each month as 'rent'. A fair amount might be 50% of the mortgage interest plus 50% of utilities but exlcuding things such as buildings insurance or mortgage protection insurance. He also pays for any repairs or improvements.
You can then use the surplus income you'll have (as you'll be paying less than half of the running costs of the house) to put into savings or overpayments on your own mortgage.

You could also sit down and work out the current net equity in your house, and again, have an agreement that that % of its value is yours, and the value of future equity built up is his. If you have expenses relating to your house which are not covered by the rent received, then these could then also be split bvetween the two of you.

All of this would address the issue of what would happen should the two of you split up.

You thne need, separately, to discuss what you would want to have happen if one of you were to die. You could agree that each of you would leave your assets as you wish, so he could leave his to his children, and you could leave yours to your family. You might want to have an agreement that he would provide in his will for you to remain living in the house for a set period (maybe 12 months) after his death subject to paying the outgoings, in order to allow you time to end the tenancy on your property so you can move back in.

On the ace of it, it does sound as though you are expecting him to share his asset but are not willing to share yours, so you may need to think about how to manage that, and to differentiate between the assets you had when you married, and what should happen to assets you build up together in future.

You could consider meeting with a Mediaotor or with Collaborative Family Lawyers to help you to discuss this and to work out any paperwork etc when you get to an agreement. They will be able to help you consider all of the options and you may find it easier to have productive discussions if you have the help of professionals

sheramber

Your version is not fair to him as the same arguement applies.

He has paid the rent over the years to qualify for the rtb.You have only contributed for the last 4 years.

If your name is on his house deeds then you would inherit but he may want his children to inherit.

You need to consult a solicitor to discuss making wills to acheive what you both want.