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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I recently bought a property with my husband in London

Resolved Question:

HI,
I recently bought a property with my husband in London and we both contributed to the deposit and thought that both of our names would be on the deeds but then we were told that as the mortgage is under his name only his name will be on the deeds.
We got married outside the UK and have been married for a few years, he is British citizen and I'm not.
I would prefer to be the co-owner of the property/put my name on the deeds as well but was told that as we are married according to the UK law it doesn't make a difference of having/not having my name on the deeds, either way it's couple's common asset.
So I'm not sure if my name is ***** ***** the deeds what differences that will make, and what is the difference between this and 'co-owner'?
Therefore, I'd like to get your advice on:
1 If I'd like to have the same right on the property as my husband do I need to put my name on the deeds or do we need to get a solicitor to draft agreement ect?
2 If so how I can get it done? There are too many answers online and I'm getting lost.
Thank you.
Jenny
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.
Hi,My name's Al and I am happy to assist you in your question.First and foremost, as the Mortgage is only in your husband's name, I am afraid there is no way of adding your name to the Deeds, unless a formal application is made to the Bank to add your name to the Mortgage. (If this were to happen, you would both be co-owners of the property, meaning you both legally own the property). This is because only parties to the Mortgage can be owners of the property.As it stands at the moment, as your husband is the sole legal owner of the property, he would be entitled to receive any monies from any eventual sale and you would not. You, as his spouse, are not a legal owner of the property and although you do not have a legal interest, you do have what is called a beneficial interest. As it is the matrimonial home, you do have matrimonial home rights and can register this interest on the title with the land registry using form HR1. This will be flagged up if your husband attempts to sell it, in that you do have rights to live in the property for however long you are married.If you were to get divorced, you are correct in thinking that it does not matter that your name is ***** ***** the Deeds, as any financial split between you and your husband will be decided after looking at both parties assets, so you are not any worse off not having your name on the Deeds, in this scenario. Likewise, in the unlikely and unfortunate event of your husband dying, the property would more than likely pass to you, as his next of kin, although it would be wise for your husband to make a Will, leaving the property and his other assets to you, so you feel 100% safe.So, I confirm you have rights to remain in the property while you are married, and the fact your name is ***** ***** the Deeds does not make any difference in the unfortunate event of you divorcing.Unless you both make an application to the Bank to add your name to the Mortgage, you won't be able to get your name on the Deeds. I hope this assists and sets out the legal position.Kind RegardsAl
Customer: replied 11 months ago.
Hi Al,
Thank you for your reply, it's very clear. In this case I will fill up the HR1 form. I think we have seen the form online and it looks rather complicated. Do people fill up by themselves or need to find a legal advisor for assistance?
Thank you
Jenny
Expert:  Aston Lawyer replied 11 months ago.
Hi Jenny,You don't need a Solicitor to fill in the HR1 and you are perfectly entitled to submit the Form directly to the Land Registry.Please let me know if you have any queries on completing the Form.Kind RegardsAl
Customer: replied 10 months ago.
Hi Al,Thank you for your quickly reply. Actually I do have some questions about the form.
Could you take a look at the screen shot I have added and advise which link I should choose..if none of the links is correct could you suggest me a link where I can get the HR1 form?Cheers,
Jenny
Expert:  Aston Lawyer replied 10 months ago.
Hi Jenny, I attach the link to enable you to print off the HR1.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490269/HR1.pdf If I have helped, I would be grateful if you could rate my answer. Kind RegardsAl
Expert:  Aston Lawyer replied 10 months ago.
Hi,Can I assist you any further?If not, I would be grateful if you could rate my answer.Kind RegardsAl
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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