Entitlement to my house with name off deeds for "mortgage sake"

[tgm1974]

Due to my stupid past credit my current mortgage was taken with a company that charged ridiculous APR, etc. I needed to get on the "ladder" so took a mortgage with them to start me off. Since taking this morning I met my current partner and we moved home to a larger property - the mortgage stayed with the same company but the mortgage was obviously increased.

Recently we have recd correspondence from this company to adv that they are looking to close all mortgage accounts they have and have offered us £30k deduction if we took our mortgage elsewhere. This can be done in my partners name with a reputable high street bank but it means my name has to come off the mortgage and deeds!!! I trust my partner totally so its not an issue with us personally. All I am concerned about it ..... for talking sake ...... when the mortgage is complete and all in just his sole name should anything happen to him where do I stand. We have yet to write a WILL together and we are getting married next June but until such WILLs are wrote what would happen with the house if the "worst" happened to him!

My partner has 3 children from a previous marriage and we have a son together ..... does it all go to them!??

[redcrx]

have you tried getting a joint mortgage? I presume that with this high rate mortgage you have been paying it OK which may have improved your credit rating in the meantime.

[tgm1974]

Yes we have had a joint mortgage with the house we bought together - the mortgage being with the "same" company I had my own mortgage with. The mortgage we had was an INTEREST only mortgage so the payments were easily managed. If we move we go onto a REPAYMENT mortgage, around the same price, but if Im on the mortgage then it jumps over £400 per month extra!!

[themas]

If you are not married & the house is in his sole name it could become complex if he died, but you would almost certainly have a beneficial interest. Surely, the way to deal with this is to make simple wills before the re-mortgage takes place?

But don't forget that when you marry the wills become invalid unless they state that they are made in anticipation of marriage.

[tgm1974]

We are going to do a WILL but after we are married next year --- we could do one now but with one thing and another the money is needed more on other things as the house is under reconstruction - I know WILLS dont cost the earth but when we do a WILL I want it done properly which I know can cost a few £100's!!

It was merely the question of when the house transfers to my partner only, should anything happen between then and us getting married (writing a WILL) where do I stand. And are you saying that when we get married it would automatically be mine anywhere even if a WILL wasnt written - nothing for the children unless I specified in my own WILL if made after.

LOL!! Sounds like Im about to "do him over" doesnt it ..... hehehehe. I just get very paranoid over such things as I lost a house in the past from a long split!!

[themas]

1. A simple will does not need to cost £100s. As I said before, if he died before you are married & there is no will then it could be quite a problem for you - & it would undoubtedly cost a hell of a lot more in legal fees to sort it out than it would cost now to make simple wills.

2. I am not saying that if he dies after you are married the house automatically becomes yours even if there is no will. The legal position is that if you make a will before marriage it automatically becomes invalid when you marry unless the will states that it is made in anticipation of marriage & is still to be valid.

[tgm1974]

I know we couldnt really go for a simple WILL as he has 3 children from a previous marriage plus he is about to get over £100k payout from his old house so he would want a percentage of this left to the children ... evenly. This could not be done is a simple WILL as a true solicitor would need to be involved not just a WILL WRITER.

Thanks for your advice and information