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

AnnieO1234

I'm sorry but "my husband wouldn't want half my property in a divorce" I'm not being funny but hon you have no idea what he will do in a divorce situation. If he sees that you're out for yourself now I'm sure he would be out for himself and his kids in the event of divorce.

You need to either overcome your bitterness towards his ex and realise you're all one family and there's one marital pot of money and assets; or you need to try and screw him over and divorce him with as few assets still in the marriage. You need to speak with a solicitor to see if you can transfer the property into a trust fund although that would have been easier prior to your marriage. Whether it would even be possible to hide it in this way with the latest high profile hearings where women have obtained a larger settlement years later remains to be seen.

Good luck is all I can say, to both you and him. If you were my other half I would be appointing a solicitor forthwith.

Xxx

Meyor

HappyMJ wrote: »

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.

How is it marital property when it was owned before marriage? Also he has never lived in the property or paid anything towards it.

peachyprice

Meyor wrote: »

£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.

The loan would be £16k less without you on the deeds, it's not rocket science.

Guest101

Meyor wrote: »

How is it marital property when it was owned before marriage? Also he has never lived in the property or paid anything towards it.

For the last 4 years neither have u. Your tenants have been paying for it.

jackieblack

Meyor wrote: »

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

Then you should have sought legal advice before marrying.
Stable door. Horse. Bolted.


Is there not still a line in the wedding service where you promise to share all your worldly goods?

Meyor

sheramber wrote: »

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.

This makes sense. I will just leave him to apply and buy on his own for the sake of peace.

HappyMJ

Meyor wrote: »

How is it marital property when it was owned before marriage? Also he has never lived in the property or paid anything towards it.

You got married without a pre-nuptial agreement.

You earn an income from your property....the rent.

You are supposed to put all of this rent money into a joint account.

You don't you then use this income not to pay for the joint expenses and supporting the family but you make the mortgage payment with it depriving the family of this money.

You've now co-mingled the money and the whole house becomes marital property.

Sorry about that. It's not what you want to hear but that is the law.

You say he hasn't paid towards the property but he technically has by allowing you to make the mortgage repayments using the income you have earned which he should have had a say in what it was spent on.

peachyprice

Meyor wrote: »

How is it marital property when it was owned before marriage? Also he has never lived in the property or paid anything towards it.

Because when you marry all assets legally become assets of the marriage, regardless of when they were acquired. You probably should have dome more homework before agreeing to marry him.

Meyor

Guest101 wrote: »

For the last 4 years neither have u. Your tenants have been paying for it.

hmmm..and you are so sure of this because?

I have made improvements on my property, new kitchen, bathroom, boiler etc plus all the services charges and other extras which have not been covered by rent. As I said, I have received no financial help from my husband in regards to my property whereas I have made a lot of improvements, paid half of the bills and rent to the marital home.

RAS

Meyor wrote: »

How is it marital property when it was owned before marriage? Also he has never lived in the property or paid anything towards it.

assuming England and Wales

When you marry all assets owned by both parties (property, pensions, savings) become assets of the marriage even if they are "owned" by one party and even if they are not in the UK. The law does not recognise yours and mine, only ours.

Apart from short marriages the basic assumption is that on divorce the two parties will each get 50% of the total assets. If there are children (that can include children who are not biologically related) it may be that the parent with whom the children live gets more or that the courts protect an asset until the children leave secondary school so that they have a home. So you both get half the value of each house and half the value of each pension and half the savings.

There might be a trade off that meant he kept the house he lives in and you pay him a percentage of the value of "your" house or they might trade off his large pension (if he has one) against his half of the equity in "your" house.

On death, the surviving spouse get half the assets up to the limit and a life interest in part of the other half. Check the intestacy rules https://www.gov.uk/inherits-someone-dies-without-will.