Adding spouse to deeds& mortgage refusal

[Mariek]

My husband & I wanted to have my name added to the deeds of our family home. The lender agreed if we reapplied for a joint mortgage and were granted it. So we filled out an application and it was refused.
The current mortgage is in my husbands name and is less than 20% of the value of the house.
They claim I have not shown ability to pay even though I have been paying it for the past two years on my own (my husband has been ill and not earning) and am well in a position to continue to pay it.
What I really want to know is can we insist they allow me to be added to the deeds, without being added to the mortgage??
Help......

 

[cremeegg]

You probably cannot insist that they allow your name be added to the deeds.

It is worth asking why you would want your name added.

As a married couple in their principal residence, you as the spouse, already have extensive rights over the house, and as you are not on the mortgage, you have no liability. Obviously from a practical point of view you have been paying the mortgage up to now. But you have no legal liability to do so, that surely is worth something.

 

[44brendan]

My husband & I wanted to have my name added to the deeds of our family home. The lender agreed if we reapplied for a joint mortgage and were granted it. So we filled out an application and it was refused.

This is an unusual and complex situation. Mortgage must be quite old as for some time now banks have only being granting mortgages in the joint name of married couples. The difficulty from the bank's side is that adding your name to the title will effect their security position in the event of any potential Recovery action. So if they add your name to the title they will also need to add you as a joint counterparty to the mortgage. This is in effect the granting of a new mortgage to replace the old one and the bank are required to conduct a due diligence as with all new mortgage applications. Seemingly having done this your income level did not pass the repayment stress test.
Cremegg's points are valid and while your name is not on the TD's of the property this will not restricts your rights as a spouse over the family residence.