Ownership/Title Query

maudlin1234

Hi,
my husband and myself have just bought a house and my husband assured me that we will both own it jointly.
We don't have a mortgage!
The problem is that my husband only has already signed the contract of sale but I didn't.
Will I have to sign the deed of sale on completion and then will we both own the house?
I would be grateful of any advice / knowledge on this matter.

The_Conductor

If its your personal residence- you automatically have an interest in it, as your husband's wife. If its an investment property- other than where you are living (or going to live)- he, or you, are entitled to hold assets in your own right.

Signing the contract to purchase the property- is just a contractual obligation- it is not the title deeds of the property- these would be lodged by the solicitor at a later date.

You do not have an automatic entitlement to a share in the property- unless it is the family home.

maudlin1234

Hi again,
can you tell me if we both will have to sign the title deeds?
Thank you
maudlin1234

The_Conductor

No.
If its the marital home- both parties have automatic rights to it- regardless of whose name is on the title deeds. If its an investment property- it can be just his, just yours, shared or whatever.

We are bringing in new legislation which would ringfence even the marital home- if it belonged solely to one party- but I'm not sure when its coming in (the farming lobby are particularly vociferous in favour of this type legislation- alongside prenups etc).

The_Morrigan

The_Conductor wrote: »

No.
If its the marital home- both parties have automatic rights to it- regardless of whose name is on the title deeds. If its an investment property- it can be just his, just yours, shared or whatever.

We are bringing in new legislation which would ringfence even the marital home- if it belonged solely to one party- but I'm not sure when its coming in (the farming lobby are particularly vociferous in favour of this type legislation- alongside prenups etc).

Just to clarify on the 'rights'...this does not mean you own the family home, it just means that you can veto any sale or remortgage of that property, as long as your objection is not unreasonable and you may be entitled to some equitable interests if you are successful in claiming them in court.

You need to ensure that your name is on the title if you are to be an owner of the property.

maudlin1234

The_Conductor wrote: »

No.
If its the marital home- both parties have automatic rights to it- regardless of whose name is on the title deeds. If its an investment property- it can be just his, just yours, shared or whatever.

We are bringing in new legislation which would ringfence even the marital home- if it belonged solely to one party- but I'm not sure when its coming in (the farming lobby are particularly vociferous in favour of this type legislation- alongside prenups etc).

Hi can you tell me how do I ensure my name is on the title?
Thank you for detailed reply.

The_Morrigan

maudlin1234 wrote: »

Hi can you tell me how do I ensure my name is on the title?
Thank you for detailed reply.

The solicitor for the transaction should be acting on the behalf of both yourself and your husband - if you are so doubtful about being the legal owner why are you not making sure that you are present for any meetings regarding the purchase of this house?

The only way you can ensure that your name is on the title deeds to to be present when the solr is instructed.

maudlin1234

The_Morrigan wrote: »

The solicitor for the transaction should be acting on the behalf of both yourself and your husband - if you are so doubtful about being the legal owner why are you not making sure that you are present for any meetings regarding the purchase of this house?

The only way you can ensure that your name is on the title deeds to to be present when the solr is instructed.

Sorry for being so clueless on this topic but if my husband tells the solicitor that he wants us both to be on the title deeds will it happen?

The_Morrigan

maudlin1234 wrote: »

Sorry for being so clueless on this topic but if my husband tells the solicitor that he wants us both to be on the title deeds will it happen?

Yes as that is the instruction the solr has been given, however, if it transpires that you are not on the title deeds and you were not present for the instructions then there is no proof of your involvement.
If you wish to be the joint legal owner then get involved in the process.

maudlin1234

The_Morrigan wrote: »

Yes as that is the instruction the solr has been given, however, if it transpires that you are not on the title deeds and you were not present for the instructions then there is no proof of your involvement.
If you wish to be the joint legal owner then get involved in the process.

Thank you,
I feel everything is much clearer now!