Q&A - I moved into husband's house when we married. Should I be put on the title deeds?

Q: When my husband and I got married I moved into his house. Because he bought the property when he was single, only his name appears on the mortgage and deeds. I am concerned that if anything happened to him I might have a problem. Should we get my name put on the deeds?

A: You cannot insist that your husband agrees to put your name on the title deeds, even though you are married.  If your husband agrees to gift a share to you, the Lender can be asked to consent to the transfer of the mortgage and consent to registration of a transfer of the property into joint names.  Many Lenders register a Restriction on the register of title which prevents you transferring the property into joint names without their consent. 

If the mortgage is transferred into joint names you will be jointly and severally liable for the mortgage debt. A solicitor will deal with the Transfer of the mortgage and Transfer of Equity of the property from your Husband's sole name to your joint names.  

Under the law in England & Wales there are two ways in which freehold or leasehold property can be owned in joint names - as ‘joint tenants' or as ‘tenants in common'.  These are technical legal terms and you should take advice on which method of holding the property is best for you. 

If you hold the property as ‘tenants in common' you will each own a share in the property (equal or unequal) which will form part of your estate. On death your share will pass under the terms of your Will or pursuant to the rules of intestacy. It remains very important for both of you to make a Will.