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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner owns a house. He took out a mortgage the value of

Resolved Question:

Hi,
My partner owns a house. He took out a mortgage for half the value of the house and his mother gifted him the other half. We have been living together for 5 years now and I have contributed to the bills and the mortgage despite the mortgage not being mine. I would now like to own a share in the house.
Would I need to take out my own mortgage to buy half of the house or could I be added to my partners mortgage and own a smaller share of the house?
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you married to each other?

-Do you have any children together, if so their ages and proposed arrangements?

-Whose name is ***** ***** title?

-Are there any formal agreement or deed of trust in place between you?

Customer: replied 1 year ago.
Hi.
No we are not married,
I have children from a previous marriage.
My partners name is ***** ***** title
We do not have a deed of trust
Expert:  Harris replied 1 year ago.

Thank you for confirming. Legally, as you are not married and there are no formal agreements in place, you are not entitled to a share of the property despite your contributions towards the mortgage.

However, you would be entitled to pursue a court application in relation to your contributions and you will need to demonstrate that there was some agreement or intention between you that your contributions would entitle you to a share of the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
Hi,
I dont expect a share in the house simply because I have been helping to pay the mortgage.
I wanted to know how to buy a share of the house now. Do I need a mortgage to buy half of the house or can I be added to my partners mortgage? Half of the house was gifted to him buy his mother so he only has a mortgage for half the value of the house, this is what is causing us some confusion
Expert:  Harris replied 1 year ago.

Is he in agreement with you "buying a share" or being added to the title?

Customer: replied 1 year ago.
he is I agreement with me buying a share, we are just not sure if it's possible
Customer: replied 1 year ago.
He doesn't want to add me to the title unless I am added to the mortgage or I seek my own mortgage and buy half of the house
Expert:  Harris replied 1 year ago.

Thank you. Before doing anything you will both need to enquire with the mortgage provider about adding you to the mortgage as it will be down to them to agree this. If they agree to do this, then it will make the process easier as part of the agreement.

Once added, you will (preferably due to the potential legal complexities to ensure that it is done correctly) need to instruct a conveyancing solicitor to transfer a share of the property to you in accordance with what you have both agreed, so if it unequal shares it will be as tenants in common and you will be added to the title. You can read more on the process here: https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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