Does my sole name on deeds mean I own my house?

Sloganjerry

Gggggggggg

amnblog

Why are you remortgaging?

Itsadogslife_2

The financial advisor is correct to a certain extent. When you get married, your assets do essentially merge somewhat. However, if you were to divorce shortly it would essentially only be classed as a short marriage and you could argue a case for pre-marital assets and that the majority of the equity in the house was paid for by you prior to the marriage.

The longer a marriage though, technically when you marry you merge your assets and if you were to separate a Judge would be looking for equality of division whether or not your husband's name was on the mortgage/deeds.

Thrugelmir

Itsadogslife wrote: »

The financial advisor is correct to a certain extent. When you get married, your assets do essentially merge somewhat. However, if you were to divorce shortly it would essentially only be classed as a short marriage and you could argue a case for pre-marital assets and that the majority of the equity in the house was paid for by you prior to the marriage.

The longer a marriage though, technically when you marry you merge your assets and if you were to separate a Judge would be looking for equality of division whether or not your husband's name was on the mortgage/deeds.

Though nothing to stop the daughter inheriting the property in the event of an untimely event. With the step father having a right to reside.

ACG

Your next of kin once married would be your husband and so the house would pass to him. If he outlives you, he can then do as he pleases with it.

You could write a Will which would effectively over ride the marriage. I think you need ot have a conversation with your husband and dont be pushed by the financial advisor. It is possible to do a joint application with one name solely on the deeds, but you would still need a Will and you would also need your husband (to check hes not gone mental first) to jointly sign for a mortgage on a property you do not want him to own.

It is all a little bit complicated for a forum, you should get legal advice. Read up on the rules of intestacy maybe as a starting point.

Ask your financial advisor to hold fire on doing the credit check. Have a conversation with your husband. The time to decide what to do is before anything happens to the mortgage, but as it stands, the home would automatically go to your husband unless you have a Will to say otherwise.

forgotmyname

As mentioned its no longer just yours unless you has a prenuptual agreement.

It happened to a family friend. Husband passed away at a fairly early age. House all paid for.
After some years she finds a new partner and then they split. He files for 50% of everything and gets it.

She had to buy his half share.

Charge? put onto the property preventing her from selling it, without him knowing.

Number75

You can't just put your daughter on the deeds.

The house is security against your mortgage so you can't just give away part of that security without permission from the lender.

And if your daughter is under 18 she can't just go on a deed and own property anyway - under 18s can only have property held in trust for them.

Getting married means you've pooled your assets. Yes it's for a court to decide what weight to give to your ownership pre-marriage, how long your marriage has been... but there are no hard and fast rules and you could easily lose some of your asset. That's without him on the deeds.

The minute you get a joint mortgage and put him on the deeds, you are going to have a much harder time arguing on divorce that you didn't ever see him as joint owner and he didn't contribute to the mortgage after he moved in, thus potentially acquiring an interest in it independent of marriage.

You can speak to a solicitor about holding the property as joint tenants sit unequal shares. Not sure if a declaration of trust is relevant if you're married, specifying ownership.

Whatever you do *do not* take advise from a mortgage broker on anything other than what is financially the best mortgage for you in your current situation. See a solicitor before you choose a course of action.

ACG

You could theoretically set ownership of the proeprty to be say 75/25?
If he is jointly liable for a mortgage for 50% of the property, that would make sense to me.

You can then write a will that gives your 75% to your daughter, but maybe ensure there is a section that gives your husband right to reside until his death?

Either way, I think you need to have a conversation with your husband.

ACG

Sloganjerry wrote: »

I should also add that I'm struggling to get any legal advice or help from a solicitor on what sort of agreement could be drawn up to show I've paid my father out of any interest in the house as I've been told it is my fathers problem not mine, as my name is on the deeds. But I wanted to make sure my siblings would have no right to the house or its proceeds after his death if I pay him the monies. And also that they can see everything has been done above board to avoid any family squabbles. I am not sure at all what to do now!?

Depending on how well you get on with your siblings, get your dad and siblings round to have a chat and just ensure everyone is on the same page...no point getting into an argument. Your dad could also get something written up and placed with a solicitor who can also ensure he is of sound mind to be making these decisions. Cover all the bases now, before it is too late.

If im being honest, I know my dad could leave everything he has to me or my brother and neither of us would argue it. But not everyone is the same.

silvercar

If the deeds and the mortgage are in your sole name, your father has no 'half of the house' for you to buy. His will is a matter for him, but I wouldn't stress about remortgaging to buy him out of something he doesn't own.

It may be worth suggesting that he leaves money directly to your daughter, by passing you and therefore avoiding any issues about your husband acquiring your share of anything.

Marvel1

Sloganjerry wrote: »

He sold the family home and gifted me the money, signing something to say he had no interest in the property. I then used savings and took out a mortgage for my half, which has all been paid. As I said previously, my name is the only one on the deeds. My father recently suggested I buy his half of the house so he could get his money back,

From this there is no money due to your Dad for his half, as it was a gift and no interest in the property . Am I reading this wrong?