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

antrobus

Sloganjerry wrote: »

Please can anyone help advise as I'm struggling to get an appointment with a solicitor and time is running out. I've lived in it for 12 years. I've always paid the mortgage and my name is on the deeds. I guess I felt it was my house and I want to leave it to my only daughter. ...

Yes, you are the legal owner of the house.

Sloganjerry wrote: »

..I got married 3 years ago and at that point my husband obviously moved in. I guess I was complacent about what that might mean regarding the house. .

Marriage does not change the fact that you are the legal owner of the house. However, it does mean that, were you to divorce, your husband might claim that he had a beneficial interest in the property and is due a share.

Sloganjerry wrote: »

..When I came to remortgage as my circumstances have changed I'm struggling to get approved for affordability. My financial advisor said I should put my husband on the mortgage so it would be accepted, and his name would have to go on the deeds. I was reluctant but my advisor was like, well surely he is entitled to half of it anyway, as he lives with you. You're married?! My concern is that he has 2 step sons and I don't feel that they should benefit from years of my working to build security for my daughter before I even met my husband. The financial advisor has gone away to get the mortgage agreed in principle, but I'm panicking, because once his name goes on the deeds I assume there's no going back. I even wondered about putting my daughter on the deeds as well? At least we'd still retain two thirds I'm thinking? Am I best to keep his name off the deeds or will he have rights over ownership of the house regardless? Any advice greatly appreciated! P.s. I do love my husband but marriages can break down and I want to be safe rather than sorry.

What does your husband have to say about this? Does he want a share of the house? Does he object to your plan of leaving the property to your daughter? I would say that the first thing to do is to sit down with your husband and share your concerns with him.

It might well be necessary to have your husband named on the deeds in order to get this new mortgage. But there is a difference between a legal and a beneficial interest in property. I believe that it is possible for your husband to disclaim any beneficial interest in the property.

You should speak to a solicitor, and get some proper legal advice.

antrobus

Sloganjerry wrote: »

...When I bought the house it was in order to bring my father to live with me as my mother passed away and he was struggling on his own. He sold the family home and gifted me the money, signing something to say he had no interest in the property.

Assuming that "something" was a legally valid document, then your father has no interest in the property.

Sloganjerry wrote: »

...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, even suggesting he give me my part of my inheritance now to reduce the sale price and make it easier for me to get another mortgage. Hence the reason for the "remortgage".

A gift of money does not give your father "half the house". You may well feel you have a moral obligation to repay your father, but there is no legal obligation to do so. A gift is a gift.

Sloganjerry wrote: »

..I thought it would secure the house for my daughters future. By the way, my daughter is 25. My father said he would then make a will cutting me out and leaving any monies he has on death to be split between his other 3 children. My main reason for agreeing to this was to avoid any hassle of maybe having to sell the house on my fathers death to give to my siblings and securing an long term investment for my daughter. Now I'm wondering if I'm just going from sharing assets with my father/siblings to sharing assets with my husband, and whether I would be better leaving things as they are and making a will to pass what I have to my daughter if I can? Keeping my husbands name off the deeds. If we have to sell on death of my father maybe I'm better to gift money to my daughter then to buy her own home. Told you it was complicated!! Any further advice would be very greatly appreciated as I think I may have to act fast and possibly stop the mortgage application! Thanks all!

As far as I can see, the house is 100% yours. There is no need for you to get a mortgage to repay your father. Has your father changed his mind about the original gift, or is this just some cunning plan he has come up with?

As things stand the house is yours. You can do what you like with it. You can (and should) prepare a will that leaves the house to your daughter on your death. Although it might well be sensible to grant your husband the right to live in the house, should you predecease him.

Number75

The whole point in your father signing the paperwork (presumably via a solicitor and for your lender) to say it was a gifted deposit, was because it was a gift. Were the pair of you lying? Or has he cooked this up later on his own?

robatwork

Have a read up about Tenants in Common.

If you just share ownership you will be joint tenants. If, say, you decide you want an 80% share of this house and give him 20%, you can do this with a tenants in common agreement.

https://www.co-oplegalservices.co.uk/conveyancing-services/joint-tenancy-tenancy-in-common/