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Unmarried, going on title deeds but not mortgage - rights?

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  • Unmarried, going on title deeds but not mortgage - rights?

    Ok, apologies if this is a little long! I have been with my partner for nearly 5 years now, and we moved into our new house about a year ago. I have been admittedly incredibly naive with the whole process, and it has only taken talking to people and leaving things far too late for me to understand that our current position is not a good one for me!

    So, at the point of moving in, my partner, who earns a lot more than me (four times), said that it would be best if he got the place in his name, as he was the one with the deposit. I have a very low paid job, and no means to save, so I sort of went along with it - which was incredibly stupid, I know!

    It all happened quite fast, and once the process was all in full swing, and I mentioned it to a few friends, I began to think how silly it was that I had left myself with zero protection. I do not blame him for his idea, I think he was simply just as naive and has differing views about money and property due to his upbringing.

    Anyways, we were in the house by now, and having lots of arguments about my protection, and the fact that I was, and continue to pay quite a chunk out of my own wage every month to help pay off the mortgage/bills/whatever.

    One year later, we are still in the same position, but after much long-winded and painful discussions, we have come to some conclusions. As my boyfriend has recently changed jobs to a contractor, he is now wary about putting me on the mortgage as he thinks his new status as a contractor will affect the credit checks. He also thinks that because I earn so little, they might put the interest up.

    He mentioned putting my name on the title deeds, but not on the mortgage as a result, and he is willing to pay for that to happen. I just want to know where this leaves me - will I still have equal rights being on the title deeds, seeing as we are unmarried? If the worst was to happen, will I have any financial share - and will the money I pay to him be recognized? Essentially, given that this was to be our family home (in a few years now!) will I have the same rights to the home as I would being on the mortgage?

    I am honestly so confused by all this and would so appreciate your help!

  • #2
    Re: Unmarried, going on title deeds but not mortgage - rights?

    Hi and Welcome.

    The Law Society have this to say about your situation:
    If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
    Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
    However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will
    I suggest you speak to a solicitor.
    You should be able to get a free first short consultation.

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