How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7673
Experience:  UK solicitor
Type Your Family Law Question Here...
Thomas is online now

I have moved in with my partner. He has a morguage in his name

This answer was rated:

I have moved in with my partner. He has a morguage in his name which is at present interest only. He has left everything to me in his will and me to him (I have some equity from a house selling). Is it important that I am put onto the deeds in case he dies or is the will enough? (we both have 2 children each from previous marriages)
If I did get put onto to the deeds would the morguage have to be put into joint names?
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If he owns the property in his sole name and not with others then provided that he does not change his Will then it will be enough to ensure that you inherit his estate (including the property).
However, this does not prevent him from changing his Will so there is an element of trust there.
The mortgage would have to be put in your joint names if you wished to be added to the registered title for the property. This would effectively mean that the lender would have to issue a new offer in your joint names.
Obviously though, if everything were left to you and the children from his previous marriage were disregarded then the children would be at liberty to attempt to claim some part of his estate by litigating under the Inheritance (provisions for family and dependents) Act, but this is the case in all circumstances where people are excluded from a deceased person’s will. If the property were in your name and your husband then it would mostly likely provide you with greater protection from this though.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 3 years ago.

Thank you Tom. I would like to just claify that in the will it states that everything goes to me including the house but my children and his children would be able to live in the house and upon my death the property would be split between my children and his and any remaining monies. My will states that my remaining savings (equity from my house sale) will be split between my children and his children. I am also be going to use some of my money to bulid an extension to make sure his children could live there if needs be. (his are 22 and 19, my children live with us and are 8 and 11). So I am just checking that with this sort of will I wouldnt need to be put on to the deeds or have a joint name on the morguage? (I know this is a lot of trust, but I have no worries there).

Provided that the Will remains as it is then I would say that it provides reasonably satisfactory protection for you. However, the ultimate protection would be if you were both named as the owners of the property and - though it's fine for the moment - it is something that I would aim to do in the near-future.
Customer: replied 3 years ago.

Thank you Tom, so finally putting joint names to the property would involve putting joint names on the morguage and the deeds or one or the other?

Correct. You cannot change to joint names on the property without changing the mortgage to joint names. The mortgage is a first legal charge which legally prevent you doing this without their consent.
Thomas and other Family Law Specialists are ready to help you