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Need help with property ownership


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Hi I dont know if anyone can help here but it's worth a shot.

 

I am at present living with my husband in a property mortgaged by me yet with only my husbands name on the deeds.

 

What would happen if I decide to leave?

 

Would we be able to sell the house and share the profit or would my husband be entitled to keep it?

 

I work full time and have done the whole time (apart from about 3 months of part time)

He has only worked for about 5 yrs out of 11.

 

It sounds too complicated and Im not sure where I stand.

 

I would be greatful for any advice

Thanks

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Hi Mackem,

 

I'm confused - if the ppty is mortgaged in YOUR name, how can the deeds by in your husbands SOLE name.

 

In my experience, if you take out a mortgage, your name is on the deeds which are held by the lender as their security for the loan.

 

The solicitor who oversaw the purchase would surely have to put you on the deeds as part of the mortgage arrangements.

 

Can you clarify this.

 

Slick

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Hi Mackem,

 

Is the mortgage secured against the property.

 

Where are the property deeds.

 

Did you have your own solicitor acting on your behalf in this matter.

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The only way to proect your interest in the property is to lodged a Matrimonal Home Rights notice at the Land Registry. (I used to work for Land Registry)

Go on their website download the MHA form and fill it in..It is free to do so though your husband will be served notice of it.

 

What this will do is stop any transaction with the property taking place without your consent.

 

Technically he could sell the house and keep the money

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I'll get this moved into the Mortgages and Secured Loans forum.

 

I assume Halifax released the deeds to GE Money after Halifax's debt was settled. GEM will hold the deeds now.

 

I suspect solicitors/conveyancers would have been involved but perhaps they were looking after GEM's interests more than yours.

 

Try seeing a local solicitor on a "free initial consultation" basis to get advice and protect your interests.

 

Also, you could speak to GEM and ask them how they think matters stand.

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That's handy.

 

Please let us know the outcome - I'm interested to hear more as it sounds as though your interests have not been protected very well at all.

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  • 2 weeks later...

Hi Mackem,

 

Did you speak to a solicitor yet and get some guidance.

 

The questions you're asking now contradict the Q's you asked at the start of the thread.

 

Can you give more info now about who has the mortgage, who's name is on the deeds and where the deeds are.

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Sorry Slick yes I know but I thought the mortgage was just in my name.

I realised it is actually in joint names even though my husband wasn't working when we took it out.

 

The house is only in his name.

 

No I havent taken any advice yet. To be honest he doesnt even know what Im thinkin of doing yet.

 

It's a difficult situation.

 

Also I will be made redundant this year at some point and Im starting an access course at college.

Is he able to take any of my redundancy package?

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