Can you sign over ownership of a house?

It is possible to transfer the ownership of a property to a family member as a gift, meaning no money exchanges hands. This differs to a Transfer of Equity, where the owner remains on the title and simply adds someone else to it.

What happens if your house is not in Your Name?

Property inherited or gifted to one spouse also remains separate property. If your name is not on your home’s title for these reasons, you would not own the home; neither would you be held responsible for loan repayment or any other lien placed on the property, even if it resulted in foreclosure.

What are my rights if my name is not on the deeds?

Divorce solicitor Paul Jordan responds to the frequently asked question, “What are my rights if my name is not on the deeds when I’m getting divorced?” Most married couples who own a house will have both their names on the title deeds, or the registered title as it is now known.

Do you have rights if your name is not on title?

Where an individual is not named on the title register to property but has paid towards the purchase price, mortgage or renovation costs together with their partner, who is the registered owner, does that individual have any property rights? The short answer is yes, you may well have rights.

How are property rights related to the purchase of a house?

These rights are based on the fact that you made a contribution to the purchase price of the house with the intention of gaining a share in the ownership of the house. Contributions to the purchase price of the house can be direct or indirect.

What are your rights if your name is not on the deeds?

In single name cases (as opposed to situations where both owners’ names are on the deeds) the starting point is that the ‘non-owner’ (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest” .

What are my rights if my name is not on the mortgage?

If you are married and your name is not on the mortgage your rights are much better than a cohabitant or occupier of a property. When two people get married, all their assets go into what is known as the matrimonial pot and all their assets go into this pot. They now both have an interest in each others assets.

Can a property be registered in the name of just one spouse?

However, where a property is registered in the name of just one spouse it does create a risk that the owning spouse could sell or mortgage the property without the non-owning spouse consenting or even being made aware of what is happening. The consequences of this could be catastrophic.