ChatterBank2 mins ago
Home Owners
3 Answers
Hi, my mortgage is in joint names, mine and my mothers. I've since married. Is my husband entitled to any of the house? The mortgage is paid from our joint account (nothing to do with mum). Hubby put up the £8000 deposit 16 years ago. Many thanks for any help
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If he lives in the property he may have a beneficial interest. This gives good basic information:
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However, regardless of where the mortgage payments come from, whether you own the house as a "joint tenant" or as a "tenant in common" has a bearing.
If you own it as a joint tenant you do not own a discreet half of the property. It is owned jointly by the partnership (you and your mother). If anything happens to her the entire property reverts to you (your mother cannot leave "her half" to anybody else as she does not have a discreet half to leave. This also would be unaffected if she died without leaving a will.
However, if you are tenants in common you each own your own half. Mum can do what she likes with hers (and it will be subject to the rules of intestacy should she die without a will) and your husband may have a claim on your half as suggested by hc.
You may be lucky if your question is seen by either Barmaid or Buenchico who have more knowledge in these matters. But you really need to get a solicitor to investigate and formalise these arrangements for you, particularly as your husband has seemingly contributed a fair whack towards the house.
If you own it as a joint tenant you do not own a discreet half of the property. It is owned jointly by the partnership (you and your mother). If anything happens to her the entire property reverts to you (your mother cannot leave "her half" to anybody else as she does not have a discreet half to leave. This also would be unaffected if she died without leaving a will.
However, if you are tenants in common you each own your own half. Mum can do what she likes with hers (and it will be subject to the rules of intestacy should she die without a will) and your husband may have a claim on your half as suggested by hc.
You may be lucky if your question is seen by either Barmaid or Buenchico who have more knowledge in these matters. But you really need to get a solicitor to investigate and formalise these arrangements for you, particularly as your husband has seemingly contributed a fair whack towards the house.
The short answer is yes and you need advice
( sorry long response time due to CT )
He has contributed a fraction of ( eigth thousand/ buying price whatever it was - NOT current value ) of the value and so he may well be allowed that fraction of the selling price when it is sold
You may say a la Judge Rinder 'he gave it to me' - in land law this is covered by the rules on advancement.
and he may have a claim on hc's advice
so really it boils down to
my hubby has an interest - how much ? and can I minimise it ?
for which I suggest AB is not really suitable
( sorry long response time due to CT )
He has contributed a fraction of ( eigth thousand/ buying price whatever it was - NOT current value ) of the value and so he may well be allowed that fraction of the selling price when it is sold
You may say a la Judge Rinder 'he gave it to me' - in land law this is covered by the rules on advancement.
and he may have a claim on hc's advice
so really it boils down to
my hubby has an interest - how much ? and can I minimise it ?
for which I suggest AB is not really suitable
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