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Who can be named on a property's mortgage and title deeds?
3 Answers
Hi all, sorry for being such a neophyte but can someone please advise? My sister has been with her partner for three years; they are not married but have a son together. My sister only has a sporadic income as a freelancer and spends most of her time raising their baby and organising the family affairs etc. Her partner has recently obtained a mortgage on their first house together and says that legally my sister cannot be named on either the mortgage or the title deeds as she is not paying or contributing to the mortgage in a financial manner. We are concerned for her incase she and her partner were to split and she were left effectively homeless. He is a good partner and father but she has had bad experiences in the past with men and we don't want her to be left high and dry. She is a fantastic mother and supports her partner 100% emotionally and in keeping their house in order, as well as running all the household bills, etc. Can someone tell us definitively if what he says about the mortgage/title deeds is true or whether he is trying to pull the wool over her eyes? Many thanks!
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It sounds as if there could be a sinister motive but this is not necessarily the case.
The mortgage company would not be willing to give a mortgage to him if the title deeds show the property is owned by him and another.
He may not have wanted her name on the mortgage application if she is considered to be a bad risk - it could have stop the mortgage going through.
She is in a highly vulnerable situation - there is no such thing in the UK as a common law marriage and she will not have the automatic rights of a spouse, although being the mother of his child will give her some rights until the child is much older.
The mortgage company would not be willing to give a mortgage to him if the title deeds show the property is owned by him and another.
He may not have wanted her name on the mortgage application if she is considered to be a bad risk - it could have stop the mortgage going through.
She is in a highly vulnerable situation - there is no such thing in the UK as a common law marriage and she will not have the automatic rights of a spouse, although being the mother of his child will give her some rights until the child is much older.
If his income is enough to have secured the mortage then she could have been the second name on it. I know when my ex and I bought a property together it was based purely on my income but the mortgage and the deeds were in joint names. The only downside to this is that she will be liable for the mortgage as well as her partner should they be unable to repay it.
I would tell your sister to proceed with caution or for at least an agreement drawn up by a solicitor of what would happen if the relationship broke down. i.e. she would have to buy him out or vice versa.
I would tell your sister to proceed with caution or for at least an agreement drawn up by a solicitor of what would happen if the relationship broke down. i.e. she would have to buy him out or vice versa.
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