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Joint names on house deeds

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smithsmith | 10:11 Mon 29th Nov 2004 | Business & Finance
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At present my husband has his name only on our house deeds as he pays the mortgage. We would both like my name on the deeds as well, but have been told that this is an expensive and difficult thing to do as I do not pay any of the mortgage. Is this true??
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It is relatively straightforward, but notheless time consuming, and involves several steps. You will need to speak with your mortgagees to get their agreement to the transaction. They will have forms for you to fill in, and will expect you to instruct solicitors to deal with the matter. They may require you to pay thier fees. You and your husband will have to sign a land registry form TR1, and possibly a new mortgage deed. It may be an opportunity to review the interest rate you are paying under the mortgage, and to consider remortgaging with another lender if you can get a better deal.

Not difficult to do, most mortgage companies will love to have someone who is also liable for debts.

 

There may be a concern regarding stamp duty, but a decent local solicitor should be able to help - something along the lines of gifting you half the property (not really sure but know it can be overcome).

 

First step is to ask your mortgage company if there is a problem, second is to get a solicitor. Whether you pay or not is irrelevant. The only possible concern I can think of is if you are older than your husband and you will retire before the mortgage term expires.

 

Other than that there should not be a problem.

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Thank you for your answers.

Why can't I just get my name on the land registry form? would this be valid enough? I just want a document saying that both my husband and I jointly own the house, (regardless of who pays the mortgage)

 

The title of your property is held by HM Land Registry (HMLR), and contains details of your mortgage. Your husband cannot deal with the property, even to put it into joint names, without your mortgagee's consent. If there was no mortgage your husband could simlpytransfer the proerty into your joint names.
You and your husband can execute a deed of trust setting out who pays what, who does what and who gets what if the property is sold, and this would not involve dealing with the mortgaee, or HMLR, save that you might want to enter a sole trustee restriction on the register at HMLR.

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Joint names on house deeds

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