What are my rights if my name is not on the mortgage but I'm married?
5 minute read
Date Published - December 12th 2023
Date Updated - September 2nd 2024
5 minute read
Date Published - December 12th 2023
Date Updated - September 2nd 2024
If you're married but your name is not on the mortgage, you still have certain rights regarding the family home. In the UK, married couples typically share rights to each other’s assets, including property. Here's how your rights are affected and what you can do to protect them.
For friendly, expert legal advice tailored to your situation, contact our family lawyers at GloverPriest today.
Married couples are automatically entitled to most of their spouse's assets, including their home. Therefore, you still have some rights over the home if you are married and your name is not on the mortgage. You can apply for a Matrimonial Home Rights Notice with the Land Registry, which can provide you with occupation rights.
A Matrimonial Home Rights Notice is a document that confirms your right to live in a home your spouse owns. While it gives you the right to occupy the property, it doesn’t confer ownership. This means that your spouse cannot force you to leave the family home, nor can they sell or remortgage the house without your consent.
Limitations of Matrimonial Home Rights
In most cases, a home a person owns or purchases before marriage is usually considered their distinct property. This is called a non-matrimonial asset. However, you may have some right over the home of the other spouse purchased before marriage, depending on the circumstances of the case.
Where one spouse purchased a home before marriage, and both parties have been living in it after marriage, the home will be considered a matrimonial asset. This is because, for the duration of your marriage, both of you may have shared the expenses of the house, for example, expenses towards the improvement of the home.
If, during a divorce, one spouse can demonstrate that they cannot meet their needs without the proceeds from the sale of the property, the court may consider the home in the name of the other spouse a matrimonial asset for instance.
Although a house that is only in the name of one spouse could be treated as a matrimonial asset, it may not necessarily be divided equally. This means that you might get some money from the sale of the house, but you might not get exactly half of the proceeds if your name is not on the mortgage.
Leaving the marital home does not necessarily mean you lose your rights to it. In the UK, if you leave the marital home, your rights, such as those granted under a Matrimonial Home Rights Notice, can still protect your interest in the property. Your spouse cannot sell or remortgage the property without your agreement, and your right to occupy the home remains intact.
If your house is solely in your name, it doesn't automatically mean your spouse is entitled to half.
The division of property in a divorce is based on fairness, which might not necessarily mean a 50/50 split. The court considers many factors, such as the length of the marriage, contributions to the home, and each party's financial needs, before deciding on how assets should be divided.
Cohabiting couples do not enjoy the same rights as married couples. As such, you should think about getting a Cohabitation Agreement or a Declaration/Deed of Trust if you are moving into a property that is solely owned by someone you are not married to.
A cohabitation agreement can help to determine how shared properties will be divided in the unlikely event that the relationship fails. A cohabitation agreement may also include a declaration from the partner who does not own the property, stating that they will not acquire any financial interest in the home regardless of their payments or contributions.
At GloverPriest, we specialise in helping families and cohabiting partners navigate these complex legal matters.
Whether you're dealing with property rights, considering a cohabitation agreement, or going through a divorce, we offer friendly, transparent advice tailored to your situation. Speak to one of our expert family lawyers today by completing our enquiry form.
When you separate from your husband, you may be entitled to a share of the assets you’ve built up together, like property, savings, and pensions. What you’re entitled to can vary depending on factors like your financial situation, how much you both contributed to the marriage, and the needs of any children you have.
If your name is on the deeds, it generally means you’re a legal owner of the property. However, how much of the house you own can depend on the type of ownership you have - like joint tenancy or tenants in common - and any agreements you might have with the other owners.
Just because the house is in your name doesn’t mean your husband automatically gets half of it in a divorce. The division of property is based on what’s fair, taking into account the circumstances of your marriage and the divorce.
Leaving the marital home doesn’t mean you give up your rights to it. You still have the right to live there and to be involved in decisions about selling or remortgaging the property, especially if you’ve registered a Matrimonial Home Rights Notice.
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