What happens when your name isn't on the deeds or the morgage?

[Fee_B77]

My partner and I are just about to start house hunting. She has property to sell and I am privately renting. When we move I won't be in a position to apply jointly with her for the mortgage. As the property is in her name we've discussed getting something "in writing" to protect both of us should something happen to us (life/death/breakup etc) to make sure neither of us get stung. It's such a minefield. I can't see past us being very happy and together for a long time but the proverbial happens and I don't want to be in a difficult position if we ever do part company. I will be contributing to the mortgage and running of the home etc. Just don't know where to start with a view to formalising stuff. Seems a bit cold to me but I know it makes sense. What's fair? What should we be including? Legally, where do I stand?

Sorry it's a bit of a war and peace. Just totally confused.

Cheers!!
F

[debsoutho]

My partner has the mortgae in his own name only, and I contribute to bills etc, We got life insurance in both names to cover the amount of the mortage should one of us die, If either of us dies then the mortage is paid off and then then in our wills we have left the house to the survivor, we made a mirror image will, what ever is in mine is in his, then when both of us die the house is to sold and split between the 5 children we have between us.

[Wee Kaz]

Fee, I am sure the law dictates that if you split up within 2 years (might even be 1 now) your partner will be entitled to everything and you'll end up with nothing. You should defo get your name on the mortgage deeds etc., if you are contributing to the bills etc then why not have your name on the deeds etc, not only that you will build up on the equity and get established on the market - that's my advice.

[Didwot]

The rule is, as always, agree at the outset who will contribute what the the purchase, who will contribute what to the mortgage repayments and other outgoings, what happens if you split up or die or otherwise when the property might be sold, and who gets what from the proceeds of sale. Tell you solicitors about it, and get them to prepare a deed of trust setting all this out in simple terms. I know some contributors to this site like to rubbish this advice, but the Court of Appeal is with me on this one. Better still do not agree anything, and then have a major row later on: with luck you will end up in front of the Court of Appeal and find out their views first hand (whilst the lawyers get rich and you get poor)

[dannydingbat]

Why on earth can't you be on the mortgage? Is it because of something like bankruptcy or religion? If there is nothing like that to stop you, you can join in the morgage and the joint purchase.

[Barmaid]

Didwot has it in a nutshell (so at least one contributor thinks that this is sound advice).

[dizydosydoll]

just because the bank wont give you the money for the morgage does not mean you cant be put on, she can put you on as you are paying half, thats what i consider to be fair.
Otherwise it's just like you are renting

[Fee_B77]

Hi there

Cheers for your input all. Deb, sound advice. Will definately look into it. Kaz, the deeds thing is definately an option. Didwot, you speak sense. Will definately be going down that route in some way or another. Danny, if I could be on the mortgage agreement I wouldn't be asking the question. Dizy, it's not possible for me to be part of the mortgage agreement with a bankruptcy order against me. Discharged or not it would make a massive impact on what was available to us. My partner is more than happy to go along with whatever we decide. I need to make sure she doesn't get stung too. She's by no means treating me like a lodger, this question was from her too really. Deed of Trust sounds like the way to go.

Cheers guys n gals

F x