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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband is buying a house. Due to my bad credit it has to

Resolved Question:

My husband is buying a house. Due to my bad credit it has to go in his name only. Where do I stand if he dies, am I classed as a lodger or a tenant on forms and I've read I have read about putting my name on the title. What is this
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As you will not be on the Mortgage, the Mortgage Lender will ask you (via your husband's Solicitor) to sign an Occupiers Form. This form is basically confirming that any rights you have to remain in the property will be postponed behind the rights of the Lender if they ever needed to repossess the property (ie if your husband does not pay the Mortgage, and the Lender wishes to repossess, you could not turn round and refuse to leave).

If your husband were to die first, hopefully he will have sufficient savings or Life cover so that the Mortgage can be paid off. If not, the Lender will normally allow you to remain in the property provided the Mortgage is paid. If it is not, then they would repossess the property and you would be forced to vacate or and you would have to sell it before it got to that.

In the meantime, I am afraid it is not possible for your name to go on the Deeds ("on the title") maning you are a joint legal owner of the property, as the Lender would have to consent to this. Once your credit rating has improved, you can approach the Lender with a view to putting your name on the Mortgage and also on the Deeds.

Depending on the value of your husband's Estate, you will inherit the proeprty upon your husband's death if he had not made a Will. However, the intestacy rules (where someone dies without a Will) are strict, and he should certainly make a Will, leaving the house to you, to avoid any potential problems.

I hop this assists and answers your question. I would certainly make sure that your husband arranges sufficient life cover, so no problems arise for you in the future.

Kind Regards

Al

Customer: replied 2 years ago.

Thank you. What about when I fill in forms and they ask if I am a homeowner, tenant or lodger, what do I put?

Expert:  Aston Lawyer replied 2 years ago.

Hi Karen,

Thanks for your reply.

The Form to be sent by the Lender will be a standard form of theirs and all you will need to do is to sign your signature on the form and have it witnessed by a non family member.

Hope this helps.

Kind Regards

Al

Customer: replied 2 years ago.

OK but in the meantime am I a tenant or a lodger in my husband's house

Expert:  Aston Lawyer replied 2 years ago.

Hi,

You would be classed as a lodger, in the eyes of the Mortgage Lender,as you would not have any tenancy.

Subject to the Lender's right to repossess the property if the Mortgage is not paid (and asking you to vacate), you do have a legal right to remain living in the property as it is the marital home.

Hope this helps.

Al

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.
Hi Karen,

Can I assist you any further?

Kind Regards
Al
Customer: replied 2 years ago.

No thank. Not happy being a lodger though. But it's my own doing I suppose.

Thank you

Expert:  Aston Lawyer replied 2 years ago.

Hi Karen,

Sorry I couldn't have given you a happier answer.

If I have assisted, I would be grateful if you could leave positive feedback so I may get credited for my time.

Kind Regards

Al

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