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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33805
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Sir or Madam,I have a question for you and hope you can

Resolved Question:

Dear Sir or Madam,I have a question for you and hope you can help. I have been married for over 5 years and now have a 1 year old child and also my next little one will be due next April. I used to work mainly part time before I had my child and then became a full time housewife since 2012. 3 months ago we updated our family home  but my husband didn't put my name on the mortgage deed or property title even only 10% of the house value is covered by mortgage. Before we were married we had a prenup but he said after we had children, it would be changed. Now it is still there. Now he wants me to be a full time mum to look after two kids until at least they go to primary school. I must admit that he is very busy with a full time job and he is the only one to supply food and pay for mortgage. However, for the past years of marriage and many years to come in the future I have been and also will be a devoted house keeper and partner. I don't have a payslip at the moment but it doesn't mean I make no contribution to this house and children. So we started to have some argument about adding my title to the property. He said he would leave everything including this house to me in his will. He said they would be no difference of adding my name to the property title and leaving the property to me in the will. So I said since there was no difference why should not just add my name to the property title. ...... Dear sir or madam, I must say if I can't share the ownership of this house I won't feel secure about the future of me and my children. Also I don't feel that he recognises my contribution to our marriage and family. It would be very appreciated to have some advice from you. And also can you please tell me what right I have as a wife and the mother of children in this case.


 


By the way, we live in England.He is 14 years older than I and he has a much better income and almost all finance towards this property. However, five years ago he could not afford to buy this property at all.  There will be about another 5 years to go before I can work full time to earn my income and pension. He loves children and I do. We both think the better way to look after our children is by me  before their pre-school than nursery.


 


Thank you for your time and best regards.

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Just to check - you want legal advice about this - not relationship advice?
Clare
Customer: replied 3 years ago.

Hi Clare,


Thank you for your quick response. What I want is legal advice. Even we have some argument about the name on the property we will still keep this marriage and bring up our kids together as we really love our children.


In 2008 when we married he already had a house in his name with about £80,000 mortgage and he didn't mention to add my name. I didn't ask for it either. Only 3 month ago we looked for a house together and even signed the contract together the sale person asked if both of our names should be on it. He said only his name because he had the mortgage and I was a house keep without income. He never talked about if I should have my name on the mortgage or property deed at all.


After we went home, I asked why he did not apply for the mortgage in joint name. He said because I was a house keeper and he was the one to pay for the mortgage. And I asked what happened to the other couples with one working to pay for the mortgage but the other looking after housework and children full time when dealing with buying a family home. He didn't have a good answer to this. We didn't talk through this every time when suddenly one of us started this topic as it was not a happy one to talk about. However he knows that I am not happy about this. He did mention it a bit that when the mortgaged was paid off ( in a few years time) he would let me have a joint ownership to this house. But more he talked about was he would leave this house to me in his will. I said you could change will at last second even without my notice. He said if I were not happy with it, I could contest the will in court. He said I should trust him.



One week ago we both signed the insurance contract to cover the mortgage in case something unexpected would happen and we would lose this house.



By the way, I came to UK in 2008 and now a British citizen. After we married in the same year he set up a joint bank account for me to work. Every time when the money reached a certain ammount he would transfer the money to his mortgage bank account ( in his name) to offset the mortgage and I agreed. In total it was about £12,000 I think. We never talked about who should pay for mortgage or food , etc. And he always asks me not to worry about our fianance and future. He will look after the children and me. My most important thing in life is to look after children and housework so that he could focus on his career.


I hope a little more information could help me to get the answer and the peace of mind. I really appreciate your time and knowledge.

Expert:  Clare replied 3 years ago.
Hi
As a starting point you do not need to worry - the fact that you are married gives you an automatic right to remain in the matrimonial home so long as you are married - and you have a clear financial claim on the property in the event of divorce with a starting point of 50/50 - and the possibility that you would get an even larger share
If you wish to secure your position you can register those rights at the Land Registry using this form
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
So that your husband cannot sell or mortgage the property without your knowledge
I hope that this helps - please ask if you need further details
Clare
Clare
Customer: replied 3 years ago.

Hi Clare, thank you for your reply. It does give me some peace of mind. May I ask which way is easier and better to secure my position, to add my name to the property or register those right at the Land Registry? How about the cost for each way? Do I need to have a solicitor to help to do this? I am in no hurry to do this actually and I can wait to do this as long as I can because I don't think he will divorce me or kick me out of home in a near future. What I am not sure is if he still loves me in another 20 years or even 10 years after the children are older and don't need much looking after by me, or he can just change his will ( if he makes a will) at his late years not to leave this house to me. He even mentioned that if I were not happy with the will after he died I could contest the will in court. I don't want to do that at all. So may I ask this question as well--If I don't have my name on the property can he leave this house to other people including our children instead of me in his will? And what if I just register at the Land Registry? If so, what would be the chance of me keeping this house in my right after he passed away? I am sorry to ask all these questions while we just started a young family but I want to know the answers clearly before I can really settle my heart to be a housewife for some years as my husband wishes. Thank you very much indeed. Best regards. xx

Expert:  Clare replied 3 years ago.
Hi
You can Register your rights at the Land Registry without he co-operation so it would balance what he has done - and there is no cost and you can do it yourself.
Your rights over the property will only get stronger over the years - and if he does leave the property to someone else - even the children - the court will indeed grant you the house
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33805
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Sorry I have been very busy today and now just have time to get to the internet. Before I rate your service( it will be excellent! Thank you!) can I ask you one last question---What can I do if I want to keep this house but he makes a will to donate this house to charity after he dies (just in case). Can I get the house ? Best regards.

Expert:  Clare replied 3 years ago.
Hi
Yes you will still have a valid claim that is likely to be successful
Clare

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