Getting married is one of the happiest events in your life and so it should be. However, when you get married you should still put plans in place to make sure that if it doesn’t end amicably, you are protected. Here is a good example of such a scenario:
Q: My fiancé and I are getting married in a couple of months. We live in a house which is in his name. Should I ask him to transfer it into our joint names when we get married in order to protect my interest - or is that unnecessary?
A: It is not necessary because once you are married you will have a right to occupy the house for as long as the marriage continues. The fact that the house is registered in the sole name of your husband will be irrelevant, because the right of occupation is automatic.
In addition, once you are married the house will become a matrimonial asset. So, if at a later date you divorce, there would be presumption of sharing the value of the house regardless of whose name it is in or how it was acquired. Indeed, the leading case of Miller V Miller says that the family home is of such significance to a family that it should be shared equally, regardless of where the house came from.
However, if you really want your name on the title to the property then your husband can transfer the house into your joint names. If there is a mortgage you would need to obtain the consent of the lender, and stamp duty may be payable if you assume ‘liability’ for the mortgage.
Do You Have a Legal Question?
If you, a friend or a colleague are in a similar situation to this lady and require specific legal advice regarding home ownership, please contact our expert conveyancing solicitor team who will be happy to help.
Also, get in touch to find out more about separation rights and divorce.
