If I married my partner would he be entitled to half the house I own jointly with my mum?
I bought a house together with my mum as my partner didn't qualify for the mortgage. He's paying half the mortgage each month though and so wants to go on the deeds but I don't think he can as he's not on the mortgage. If we got married then if anything happened to me or if we split up then would be be entitled to half the house even though I own it with my mum? I don't think we will split up or anything Im just talking hypothetically.
I really dont think we'll get married its just I want things to be fair as he's paying into the mortgage but doesnt own anything, want to do everything above board
To make things clear Im NOT worried about divorse, the question relates to doing everything fairly considering several eventualities, inlcuding if I die. I agree with him that its not very fair that he's paying all this money in but he's not entitled to anything if anything were to happen and as we are probably getting married anyway I thought maybe he would be entitled to something that way rather than paying solicitors fees to get him added to the deeds
When I said above 'I dont think we'll get married' I meant to write 'I dont think we'll get divorced'.
- RoseLv 71 decade agoFavourite answer
No, only if he has his name on the deed, or was given permission to sign it.
- RockyLv 61 decade ago
Usually, but check the laws where you live to be sure. But anything, that house included that you had BEFORE the marriage remains yours UNLESS together you take out a mortgage on it, or he does (which is unlikely, since it's not in his name.
There are some local differences in the law, so I'd check, that if you after the marriage took out a mortgage for half the value (since your Mom owns half too) MAY entitle him to 1/4 in a divorce.
Now days with it so easy to look up answers and even e-mail a question to family law offices and the courts that it's really a great idea to keep your county, state departments info handy to look things up.
- Anonymous1 decade ago
"Regardless of the fact that he is putting money towards the mortgage, he is not entitled to the house."
He might not be entitled to the house itself but the Court's could potentially award him half the equity in the house,. If you do not have the money to pay him his "half", the Courts can force the sale of the house for you to meet your obligation. A Judge will consider the nature of your relationship & other factors to determine if your partner was simply a "renter" or has a stake in the equity of the house itself .
If there is a clearly defined "renters agreement" & your partner is not doing work on the house / paying for remodeling, new air conditioning / heating etc. than the Courts will consider him to have no ownership stake in the house. If on the other hand your partner was paying for upgrades, improvements, maintenace and can convince the Judge that you told him he has an ownership even though he is not on the deed / mortgage than you are royally screwed.
After all, why would a partner pay "half" of a house in which he is not getting an ownership stake it? That would be freaking dumb on his part and a Judge will consider that as well.
- 1 decade ago
Regardless of the fact that he is putting money towards the mortgage, he is not entitled to the house. In most states, items, including property that are acquired DURING the marriage are the only things that can be divided during a divorce. You can always do a pre-nup, (and yes that will test your relationship) This is easy to find out on the web. Look up divorce and dividing up assets. It will tell you there, but I'm sure it will verify what I said about things acquired during the marriage, NOT before. You should be safe where the house is concerned. It is not wrong to consider such things. People who do this are wise and trying to look at all angles. There is enough heartache in this world, and trying to be prepared for the worst is not wrong. I think you are also trying to protect your mother, and that is an honorable thing as well.
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- dancing_smurfLv 71 decade ago
I see that you have posted from Yahoo! UK and if you are in the UK then the best advice is to speak with a solicitor that deals with property. The law on this in the UK really depends on the facts of the situation and what has been agreed it is possible he might especially if makes a contribution towards the house. By contribution I mean things like giving you money towards the mortgage, paying for bills like utilities, or doing a significant amount of work around the house. If he does and the two of you marry he could have a claim to you part of the house.
- 1 decade ago
Assuming you're in England or Wales, you will find that your partner probably already has an interest in the property.
If you want to make everything above board then you could consider executing a trust deed recognising his interest in the property.
Obviously it's up to the two of you to decide how much interest he has, but you should get some decent advice.
- Anonymous1 decade ago
If you married then divorced he would be entitled to half of what you own, therefore a quarter of the house, he can't touch your mum's half.
If you were married and something happened to you then yes he could inherit your half of the house, however if you made a will you could leave your half to your mum therefore he wouldn't get it.
You can put him on the deed without his name being on the mortgage, however I wouldn't because if you were to split up he would effectively be entitled to part ownership of the house for free because his name isn't on the mortgage.
- hassettLv 44 years ago
you quite ought to have performed you homestead artwork earlier to procure married so which you knew what issues crop up yet sure she is regardless of if she paid no longer something in direction of it as who grew to become into looking after it while you have been workking to pay for it i could attempt and settle positioned forward an furnish which you will ought to arise with with a solistor and likewise do it as quickly as achieveable as something of fee which you obtain till the divorce is very final she would be ready to function into the dirvoce courtroom situations ie decrease fee fees , assets, inheritance, a lottery win!!!! on my papers im being granted here ancillary alleviation an order for maintenance pending in good shape a periodical money order a secured provision order a lump smum order a assets adjustment order pension sharing/attachment order and thats additionally just about the comparable for any young little ones you have jointly too and in case you defended the in good shape would be ordered to pay expenses ouch !
- 1 decade ago
Details vary from state to state.
Pre-nups change everything . . .
I can't say I blame him. He should stop paying until he gets his name on there. If you guys really want to do this you should have you mom sell him her half. She could just co sign and he'll almost assured qualify.
And what's up with the one lady calling him a dead beat even though he's paying half the mortgage on something he's not even getting credit for and could be thrown out at any time and loose everything? That doesn't sound like a deadbeat. That sounds like a man in love.
- Bears MomLv 71 decade ago
You need to consult a lawyer about this to see what the laws are or have his name put on the deed but I would think an easy way to ensure he gets half the house if you should predecease him would be to have a will drawn up and put that provision in there.
- Anonymous1 decade ago
In the event of a divorce he is entitled to half of whatever you own of the house, depending on your states laws. If you die he can inherit your part if that is in the will.