My wife and I live in a house, but it is in her and her mother's name. I wasn't put on the deed/mortgage because my credit would've jeopardized approval. It is called ‘severing the joint tenancy’ and is quite a straightforward process. If the property is not the family home, you might be able to register a ‘restriction’ at the Land Registry. If you are in a position where you have been left asking, “What are my rights if my name is not on the deeds?”, then call Paul Jordan for free initial guidance on 0808 130 1606 or drop him an email with brief details of your situation at [email protected]. By changing the way the property is jointly owned, you can prevent this happening. This means the person whose name is on the title of the home stays in the home. If your property is not registered with the Land Registry, you can protect your position by applying for a ‘class F land charge’ at the Land Registry, which costs £1 on GOV.UK website. So when separating or getting divorced I would recommend that the non-owning spouse should consider registering their marital right of occupation in respect of the family home. It depends on when your spouse acquired the property and where you live. The process of changing ownership from joint tenants (or common owners with a survivorship destination, in Scotland) to tenants in common (or common owners, in Scotland) varies around the UK. You will normally have to get your ex-partner to agree to you changing the tenancy from joint tenants to tenants in common. He would convey the house to you as part of a divorce settlement, and you might have to use some of the equity to get an extra $50,000 out to buy him out. - Get free trusted guidance and links to direct support, Clear English Award - Opens in a new window, Money manager for Universal Credit claimants, Workplace pensions contribution calculator, Government help if you can’t pay your mortgage, Dividing the family home and mortgage during divorce or dissolution, Dividing the family home on separation if you were cohabiting – renting, How much Income Tax and National Insurance you should pay, We can’t separate money worries from our mental health, How to sort out your finances on separation if you were cohabiting, How to sort out your finances on divorce or dissolution, Your options for legal or financial advice on separation if you were cohabiting, Your options for legal or financial advice on divorce or dissolution. If your home has been registered with the Land Registry you can do a search, which currently costs £3. Saturday, Sunday and Bank Holidays, closed. You will also have to ask a solicitor to draft the new terms of the tenancy and to have this registered on the title of the property. You can split ownership equally between you (50:50) or you can decide that one of you will own more than the other. I am nervous as how this will hold up in court and if he can get half of my house? Even if the property is only in your name, you may not be allowed to sell or encumber the home without your spouse’s consent, or court approval. Another option is to attempt to sell the house yourself because the bank won't get top dollar at an auction. The house is currently up for sale and my ex is trying to make me put some money from the sale into an account for our 2 children but I need the money to buy a new home. Sadly we are filing a divorce. My husband and I are spiraling down and it appears to have divorce written all over it. internet browsers with JavaScript. Sometimes, however, facts regarding the ownership of a home are not that simple. Here is a link that can be used to register a marital right of occupation https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1 However, ideally you should take specialist legal advice before making an application as your spouse will be notified of the entry and it is important that you fully consider all the legal implications of this action before they are informed. My ex was ordered to make mortgage payments as child support. Who Gets the House In Divorce. If it is owned as tenants in common, it will have the words ‘Form A restriction’ next to the ownership information. If it’s a joint mortgage, you should also see if you can stop your ex-partner from applying to increase the mortgage. If you are getting divorced or dissolving your civil partnership, you should make sure you protect your rights to the family home. It’s free of charge and you only have to fill in a form called HR1, which is available on the GOV.UK website. Divorce--house in wife's name only. hello i'm deeply concerned that my name isn't on the mortgage or deeds. The lender might be able to send you copies of statements. What are my rights if my name is not on the deeds and I’m getting divorced? We use Cookies: By using this website, you consent to their use. You also need to consider mortgage responsibilities and whether you actually have the means to keep the house. Once you have registered your interest, your ex-partner cannot sell the property or apply for a larger mortgage without you being told about it. Our general email address is Ct. App. She’s never even paid bills before so I … The majority of my clients are not homeowners, but the ones who are must be careful in how they decide to resolve what will happen to the house. The house is under my name only, but I do not hold a key to the house. © Copyright 2021 The Money Advice Service 120 Holborn, London EC1N 2TD. You can find out how your home is owned by searching one of the three Land and Property Registries. You own your home (either all of it or part of it) if your name is on a legal document called the title deeds. tenants in common (called common owners in Scotland) – this is where you each own a share in the property. Your solicitor will also usually charge a fee. It’s not something you should try and do without the advice of a family law solicitor. Changing ownership from common owners with a survivor-ship destination to common owners is a very complicated procedure. The law recognises that your family home is treated as a special type of asset. We lived together unmarried for approx. Gore, 638 A.2d 672 (D.C. 1994) (husband's mother joined in divorce proceeding in order to determine whether home titled in her name was marital property; separate proceeding not necessary); In re Marriage of Dall, 681 N.E.2d 718 (Ind. My husband and I just recently bought a house. If your house is solely in your name but your spouse/civil partner has been living there as part of your marital home, they may still be entitled to stay, whether or not you object as the owner. enquiries@maps.org.uk. There are two things to consider, the first is whether you on on the mortgage also, and second is to verify that you are in fact on the deed. Taking control of debt, free debt advice, improving your credit score and low-cost borrowing, Renting, buying a home and choosing the right mortgage, Running a bank account, planning your finances, cutting costs, saving money and getting started with investing, Understanding your employment rights, dealing with redundancy, benefit entitlements and Universal Credit, Planning your retirement, automatic enrolment, types of pension and retirement income, Having a baby, divorce and separation, what to do when someone’s died, choosing and paying for care services, Buying, running and selling a car, buying holiday money and sending money abroad, Protecting your home and family with the right insurance policies, Coronavirus Money Guidance However, if you transfer the property into joint names or if you take out a joints mortgage to make improvements then things can become more complicated. This is especially true if your name is on the mortgage for the house. 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