Name on Title Deeds

[Deleted User]

I am married (19 years), together for 25 years, and have a question regarding legal standpoint of not having my name on the deeds of "our" flat.

The flat was actually bought for us by my husbands uncle outright as a gift and the deeds were put in my OH name (we were not married at this point). We have never bothered adding my name to the deeds.

My OH and I have mirror wills, leaving our estate to each other. So, my understanding is that should my OH die first, our home could be transferred into my name, and if I were to die first, well, it's in his name anyway. Our solicitor when we drew up our wills advised that it would cost money to do and wasn't worth doing.

FWIW I pay all the bills on the property (although no mortgage, it is a flat in a London mansion block, so heft service charge fees), and have done for many years as my husband is freelance so not a fixed income, so "safer" to have DD's come out of my account as I have a full-time job.

Is there any reason why we should get my name put on the deeds, any risk not doing it?

Mojisola

goochie wrote: »

I am married (19 years), together for 25 years, and have a question regarding legal standpoint of not having my name on the deeds of "our" flat.

The flat was actually bought for us by my husbands uncle outright as a gift and the deeds were put in my OH name (we were not married at this point). We have never bothered adding my name to the deeds.

My OH and I have mirror wills, leaving our estate to each other. So, my understanding is that should my OH die first, our home could be transferred into my name, and if I were to die first, well, it's in his name anyway. Our solicitor when we drew up our wills advised that it would cost money to do and wasn't worth doing.

FWIW I pay all the bills on the property (although no mortgage, it is a flat in a London mansion block, so heft service charge fees), and have done for many years as my husband is freelance so not a fixed income, so "safer" to have DD's come out of my account as I have a full-time job.

Is there any reason why we should get my name put on the deeds, any risk not doing it?

Your husband could take out a loan or a mortgage on the flat without you knowing about it.

Why not just get the ownership changed to 'joint tenants'?

[Deleted User]

Thanks, he could, but it's highly unlikely. I don't really want to spend £500+ if there isn't good reason to, I just wanted to see if there was anything I hadn't considered.

Mojisola

goochie wrote: »

Thanks, he could, but it's highly unlikely. I don't really want to spend £500+ if there isn't good reason to.

Is that the price the solicitor quoted for the work or the LR price for doing it yourself?

[Deleted User]

hmm, good question, I think it might be the figure the solicitor threw out there a few years back when we did our wills, no idea how complicated it is to do, I'll look into it. thanks

Margot123

The Land Registry website or their phone advisers should be able to help you.
I think it costs around £200 to change the title, but please check.

No need for a solicitor, it's a very simple task. It will save any more worry if you get it done.....and a small price to pay for peace of mind.

buildersdaughter

It seems that if you trust your husband implicitly and totally, then you are OK. But, as has been said, he could raise money on the flat or mortgage it without your knowledge; and of course, he could change his will without your knowledge.
Assuming he's OK with it, then I would look at doing it yourself, but I just wonder if there is an issue about leasehold property that may need different advice (you didn't mention this, but a lot of London flats are leasehold). Land registry will advise.

Land_Registry

We can't advise you as to whether you should or shouldn't transfer it into joint names or not

We register the end result and can't give legal advice, which is what you need here to understand what options are available to you.

Your wills are quite separate from the legal ownership of the property which we register. And as you have an interest in the property if you decide not to transfer it to joint names it may be worth also asking the solicitor how to protect that interest as well.

One option is to protect your rights of occupation which are in part linked to the comment made re risk that he might mortgage the property

unholyangel

goochie wrote: »

Thanks, he could, but it's highly unlikely. I don't really want to spend £500+ if there isn't good reason to, I just wanted to see if there was anything I hadn't considered.

I may be overlooking something but imo you'd be wise to get a 2nd opinion and ask them what the difference in your position would be with how things are now compared to joint tenants if (for example) your partner died leaving substantial debts.

As I understand it, joint tenants would offer you some protection against losing your home in that event.