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What rights do I have if I am not on the mortgage?

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  • What rights do I have if I am not on the mortgage?

    I have been with my wife and 2 step children for over 10 years and we have been married for over 6. I moved into her existing property and started paying her £1000 per month for bills etc. My name has never been put on the mortgage. We are going through another rocky period and I always worry that I will be left nowhere to live with no money. Am I still entitled to half or a portion of the houses value if she asks for a divorce?

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  • #2
    The important part isn't being named on the mortgage - that's just a loan secured on the house,it's having it registered in both your names with the land registry. As things stand if you divorced it is likely that your wife would keep the house, as she is the sole owner and has the children. You may be able to negotiate for a % of the equity of the property due to having made contributions however it's likely it would be written in to any agreement that you couldn't obtain anything until the children are over 18/ finish university etc and it hugely depends how long she had the house before you moved in and started contributing.

    You could register home rights as it is the matrimonial home which would give you the right to live there until you were divorced. Really it just helps prevent you becoming homeless if your relationship does break down as you would have the right to live there. However that would be a signal to your wife that you think she will just make you homeless and potentially exacerbate the problems you are having.

    Better to try get things back together and work on the marriage, see if sometime in the future you can join her as owner of the property ( tenants in common so you have defined shares, as she has put more in to the property she should have the larger share, but you own a % that in event of divorce you could ask her to buy you out of should things deteriorate again )

    Maybe the house being in just her name is causing some of the issues in the relationship. Was the house previously owned by her and someone she was in a previous relationship with ? Or has it always been just in her name ?

    These things are never easy or straightforward and if you do feel it might be coming to a split you would be well advised to have an appt with a solicitor to look at the full circumstances to then advise you on best course of action should it come to it.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    • #3
      You need to download the title register on the property from the land registry. That will tell you who the legal owner(s) is/are, all of the charges and caveats (if any) on the property.

      It may turn out, that someone else may have an interest in the property.

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