When getting divorced, its important that you understand your rights so that you can make informed decisions.

When it comes to homeownership in the UK, being married introduces specific legal rights that may not be immediately apparent, especially when one spouse is not named on the mortgage. This can be a common scenario and often leads to confusion and uncertainty in the event of a divorce or separation. If you find yourself married and not on the mortgage, it’s crucial to understand the protections and rights that UK law affords you.

What Does It Mean to Not Be on the Mortgage?

Being "not on the mortgage" means that while your spouse has taken out the mortgage on the property, your name is not listed as a borrower on that mortgage agreement. This is often due to various reasons, like one spouse having a better credit score or higher income at the time of application. However, it's important to differentiate between the mortgage (the loan agreement) and the property deeds—the legal documents that prove ownership.

Your Rights to the Property

In the UK, when you are married, any property owned by either spouse is generally considered part of the 'matrimonial assets', regardless of whose name is on the deeds or mortgage. This means that both parties have rights to the property in the event of a divorce or separation.

• Matrimonial Home Rights: Under UK law, even if your name is not on the mortgage, as a spouse you have home rights in the matrimonial home. This grants you the legal right to live in the property until a decision is made during divorce proceedings.

• Registration of Home Rights: To protect these rights, especially if you anticipate a dispute or if your spouse might sell the property without your consent, you can register your home rights with the Land Registry. This registration prevents your spouse from selling or mortgaging the property without your knowledge or agreement.

Financial Contributions and Property Claims

Your claim to a share of the property is not solely determined by the mortgage but also by other factors:

• Financial Contributions: If you have contributed financially towards the home, either directly by paying towards the mortgage or indirectly by paying for home improvements, these contributions can be taken into account during the division of assets.

• Non-Financial Contributions: Contributions such as childcare and homemaking are also recognised as valuable and are considered when determining how assets should be divided.

What Happens If You Decide to Divorce?

In the event of a divorce, the property and its mortgage become part of the financial settlement discussions. The court considers numerous factors, such as each spouse’s needs, the needs of any children, and the overall financial circumstances of each party. The aim is to achieve a fair division of all matrimonial assets, including property.

• Court Orders: The court has the power to order one spouse to transfer their property interest to the other as part of the settlement. They might also order the property to be sold and the proceeds to be divided in a specific manner.

Protecting Yourself

If you are not on the mortgage, taking steps to protect your rights early can be crucial. Consider the following:

• Legal Advice: Always seek advice from a solicitor who specialises in family law. They can provide guidance specific to your situation and help ensure that your rights are protected throughout the process.

• Understanding the Full Financial Picture: It is beneficial to have a clear understanding of all debts and assets held individually and jointly. This knowledge can influence negotiations and outcomes in a divorce settlement.

Being married but not on the mortgage does not strip you of your rights to the property or potential claims in the event of a divorce. UK law ensures that your contributions, financial or otherwise, are recognised. Understanding and asserting your rights can ensure that you are treated fairly and equitably in any legal proceedings involving property.

It is always a good idea to seek legal advice but divorce coaches, like myself, also know a lot of legal information when it comes to divorce so working with a coach in the first instance can be extremely beneficial. Read more here in my blog post about how divorce coaches can help. By dealing with your emotions and gaining legal information, you will be more empowered in your negotiations with your ex and spend much more wisely on legal fees.