Are you divorced or separated and buying a property with a new partner?
Feeling anxious?
If you went through a tricky divorce or separation and walked away with pretty much nothing, never thought you would find love again, and now find yourself talking or looking to buy a property with your new lover then what are your best options to make you feel protected?
Joint Tenants Vs Tenants in Common
First up…JOINT TENANCY
Both people have an equal right to the whole property. Even if one person contributes more to the finances, the rights are still split 50:50. Any money made on the property will also be split equally.
Both people have joint responsibility meaning all must pay for debts, damages, and share of the tenancy deposit.
When selling both people have to agree to a sale for the property to be sold.
In a joint tenancy agreement, you can have a ‘break clause’, which is an agreement that you can give notice if you need to move out early. Break clauses are a bit of a ‘safety net’ just in case things go a tits up! All joint tenants have to agree to a break clause for it to be included in the contract.
It’s good idea to discuss plans on what will happen if things do not work out like you have hoped, neither one of you is going to be happy stuck in a joint tenancy agreement.
Contender…Tenants in Common
Both people own a specified share of the property this doesn’t have to be an equal split. For example, one party could own 60% of the property and the other party own 40%. This can be especially applicable for accumulative interest if one party has contributed a greater deposit.
A ‘Trust Deed’ or ‘Declaration of Trust’ is a legal document which does two things – it details the percentage share of equity owned by each person and if required can also detail a method where one partner can buy the other partner out should you separate.
IMPORTANT to know
If one of you died in a joint tenancy the other partner will have “rights to survivorship”. This means If you basically outlive the other party, their share of the property will automatically be transferred to you.
If you are Tenants in Common the person who dies will need to detail in their Will how they wish to share their portion of the property.
Article written: 11/03/22 Please note that any information read after this date may change and therefore, we recommend that you always seek professional advice.