Is It Necessary To Have My Name On Deeds?

[chattykathy]

For reasons I won't go into here, our house is only registered in my husband's name. I have come into some money so I am going to pay off the mortgage next month so would it be best if I had my name on the house with the Land Registry? We are in the process of making a will to leave the house to whoever outlives the other anyway.
TIA

[bednobs]

Yes.
As things currently stand, you can't leave your house in your will, as you don't actually own it. Best would be to own it as tenants in common, then you own it as a joint enterprise, so you don't have to leave it in the will at all - the survivor will automatically own it anyway

[Buenchico]

There are two ways that a couple can own a property. If you were to have your name added to the title, showing you as having a 'tenancy in common', you'd both own half of the house and each of you would be free to leave that half to whoever you chose.

However (in view of what you've written) it would make more sense for you to have a 'beneficial joint tenancy'. Then neither of you would own a specific share of the house; it would be your legal partnership that owned the whole of the house. Under a beneficial joint tenancy, when one partner dies the title to the property automatically passes to the surviving partner. (The deceased partner's 'share' of the house doesn't form part of their estate since no such share ever existed).

As things stand, if your husband dies before you, won't inherit the house until the executors to his will have sought and obtained probate, and then transferred the property to you. (If anyone chose to challenge the terms of the will you could experience problems). With a beneficial joint tenancy you'd become the full owner of the property immediately (and simply need to complete a form to update the Land Registry's records).

Chris

[Buenchico]

Bednobs:
You seem to have got the two types of tenancy the wrong way round!
http://www.landregistry.gov.uk/public/guides/public-guide-18#guide-mark-4

[hc4361]

chattykathy, in respect of your user name and not your question, are you a pirate?
If you are, you'll know what I mean.
If you're not, please don't take offence as none is intended.

[chattykathy]

Thanks for the answers, guys. I'll get on with it.

hc4361 - I ain't got a clue what you mean but I'm intrigued!!! I named myself after my favourite doll when I was a kid - it was also my nickname, for obvious reasons :-)

[hc4361]

Thanks, I play an online multi player role game where one of my challengers is 'chattykathy', a pirate. Obviously not you :)

[chattykathy]

Good job we don't know each other, you wouldn't get a word in! :-)

[Valmave]

Your husband will have to execute a Transfer of the property from himself to the two of you. That document will enable you to select if you want to be tenants in common. Land Registry Scale 2 fee on the value will be payable.

[chattykathy]

Thank you, Valmave