mortgage problem

[tanyamacleod]

my husbands name is on our mortgage, does that mean i have no rights to the house?

[WoWo]

Depends on the situation, if he were to die then you would get the house, if you were to divorce I don't think you would have a right to claim the house but I'd assume this would be part of your shared assets. As a wife you are protected to a certain amount, as opposed to somebody who wasn't married.

[j2buttonsw]

Its whose name is on the deeds which is most important.

[Jeanalesi]

There's also legislation in the form of the Matrimonial (sp?) Homes Act, which gives the unnamed (on the deeds) spouse some rights, but you'd have to check what exactly they are

[Maud]

I have only just seen this question, but if your husband is listed as sole proprietor on your house Land Certificate then he can sell the house without telling you. There is a simple way to block this which you can do yourself, and if you are still watching this question and would like to know, please post and I will continue.

[tanyamacleod]

this is for MAUD be greatful for you to enlighten me - thank you!

[Maud]

Hello, tanya. All land in the UK is registered and whoever is named at B: Proprietorship Register in the Land Certificate is the owner. Nothing else - possession, mortgage, etc etc - has anything to do with it. Your Land Certificate is probably with whoever provided your mortgage. If you have any doubts about who actually owns your house go to www.landreg.gov.uk publications/forms then forms from the drop down menu print off Form 313 and send with �4 to your District Land Registry Office which can be found from Contact Us at the same website. Really and truly all domestic property should be held in both names as a joint tenancy. This holds the property in equal theoretical shares, all property decisions must be made together and if one dies the property automatically and simply passes to the survivor without wills, probate, inheritance tax bills, etc. This is what you are aiming for. If for some reason joint tenancy status is not forthcoming (it costs �40 if you do it yourself and the mortgage company will not object) then go again to forms on the website previously given and print off Form UN 1, which means unilateral notification, and send with �40 to your District Land Registry Office. This permanently blocks the registration of your property in a new name until your claim has been settled, in other words the property cannot be sold until you agree. I have written this as if you are in England or Wales. If you are in Scotland or NI the system is the same but the form numbers are different and if you say where you are I will post contact details that will guide you through.

[AB Editor]

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