House marriage law

[sparkle_1979]

Please don't quote in replys as going to delete

Hubby and I have sold house and will have a 150 k deposit to put down on a house we both owned.

New house mortgage just in his name... Where do I stand if anything happens... Married 10 yrs two girls I'm a sahm

Thx ladies

 

[LoolaBear]

legally - half of all owned assets (jointly or separately) UNLESS another agreement is to be made in mediation or court.

 

[sparkle_1979]

Thx..

You never know what's going to happen x

 

[Princess Lou]

Anything acquired in the marriage is considered joint assets.

 

[Belle25]

I would ask him to put it on joint names if you can Hun too.
I personally wouldn't like it if we bought another house and he put in just his name.
Xx

 

[LoraLoo]

It's not true that everything is automatically split jointly. My cousin went to court n he didn't get a penny- the house was already paid off before they married. I would strongly recommend being added to the mortgage. Is there a reason u didn't go on in the first place?

 

[sparkle_1979]

We've just sold and will have the cash for deposit. The house before was in both our names though he paid for it

This time he's again the only one paying mortgage. He wants to know why I want to be on and nd any reason I give he tells me I'm being silly... He now think I have a motive ....

Thing is we been together 12 yrs I'm a sahm but I worry in ten yrs he leaves ill have nothing... He ould never leave me homeless I knw that but I need to knw I'm entitled to half

 

[Belle25]

He is not being fair.

It's unreasonable not to have you on the mortgage-you contribute by bringing up the kids, and no doubt doing all/most of the housework.

Your married, a family unit. It's odd.

He is the who needs to be justifying himself, not you giving him reasons as to why you should be on there Hun

Xx

 

[LoraLoo]

He is not being fair.

It's unreasonable not to have you on the mortgage-you contribute by bringing up the kids, and no doubt doing all/most of the housework.

Your married, a family unit. It's odd.

He is the who needs to be justifying himself, not you giving him reasons as to why you should be on there Hun

Xx

Agree with this. You should be on it, he has no reason for leaving you off it xx

 

[jazzandru]

But surely if you were on the mortgage that would make you jointly liable for the payments. So say he runs off with the milkman in 2 years and stops paying the mortgage, the bank can chase you. You as a SAHM would have no money and could be bankrupted. I think it is better not to be on the mortgage but still be on the house deeds.

 

[smokey]

As other have said unless a prenuptual is signed to state otherwise then legally everything obtained within marriage is jointly own and upon separation has to be split 50/50
Even if a house was bought before marriage if the woman can prove she has spent a long term investment of making that into a home and contributing towards it (even if its just decorating and tidying) she has a very good claim to a portion of the value.
Items obtained before marriage are open to discussion, normally if its a family heirloom or inherited then there is less chance to a claim (apart from jewlery presented to the wife such as a inherited engagement ring which is hers to keep as it is classed as a gift) but most things if proven the wife has a genuine right to to help provide a standard of living accustomed to can be included in a settlement.

Personally Id ask him about having it in joint names in case he is ever involved in a accident as that will save a lot of paperwork in the long run ie if he has no will it becomes a bit harder to inherit the house to you children in your will.

 

[smokey]

It's not true that everything is automatically split jointly. My cousin went to court n he didn't get a penny- the house was already paid off before they married. I would strongly recommend being added to the mortgage. Is there a reason u didn't go on in the first place?

Annoyingly its one of those double standard things, a wife has more chance of getting settlement then a man does because court see it as unfair to force a woman out of a home due to a standard of living and it gets even harder if there are children involved.
Its something to do with old views of a man can start again easier then a woman can (the old view that a divorced woman wouldn't be wanted by another man)

 

[Mummy Bean]

You can get a trust deed drawn up (normally cost about £60-£100) which states that x amount of the depoist is yours or is boths of yours ect. My friend recently had one done as she put £30k of her own money in, and it had an adultary clause in it - so if he cheated ( and she could prove it) then she was given her full entiltement to the penny, where if she cheated then all assets would be split 50/50.

whilst marriage should mean 50/50 of all assets aquired whilst married - lawyers are good and making it look like that he earned the momey before you were married or as you didnt contribute towards the mortgage repayments then he entilted to a bigger % then you.

i think for that much money your best off just hiring a lawyer for an hour just to go through your options. (the solicitor you are using for the house purchase should be able to help)

shold note i dont know the ins and outs of divorce law...but i know from numerous ppl who got divorced it not as simple as 50/50 split.

 

[Moomette]

I don't know too much about the UK legislation on the issue, but you could mention to him that it would be better to have it in both your names purely in case something was to happen to him.

My father died suddenly at the age of 50 and my mum has often said that it would've made things much easier had everything not been in just my dad's name. It took her months and lots of paperwork to get everything transferred over, which I'm sure was the last thing she needed as a grieving widow and single mother to myself and my sister (11 and 13 at the time). Luckily for us she was working, hence wasn't completely financially reliant on my dad, but still. Also, and this may be different in the UK to Finland, as there was no will in place and the house was in my dad's name, it got split 50/25/25 between my mum, myself and my sister and she had to pay hefty inheritance tax on it too as well as the whole mortgage ongoing although officially on paper my sister and myself own half of the house.

 

[Mummy May]

My SIL has her name on house deeds but mortage just in BIL's name xx