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Tenants in Common Agreement

Hi

Was wondering if anyone has any experience of this? My boyfriend and I are buying a flat together and we want to set up a tenants in common agreement. I have told my solicitor that we want to do this and he has said that it's just a matter of ticking a box on some form. Is this right? I'm confused because I always thought it was a separate contract that is drawn up?

Comments

  • kjl26
    kjl26 Posts: 104 Forumite
    Hiya,

    On the land registry form when we bought, it was a matter of the solicitor just putting down whether we were buying as tenants in common or joint tenants, so that might be what he means (ours did it wrong...).

    I think if you want a separate agreement that sets out what happens in whatever eventuality then that is a separate deed of trust. Although if you are tenants in common I think you should be able to specify as standard what the equity split (if not 50:50) is... I am sure someone else will be along to clarify :)

    Cheers
    Katie
  • goldbyron
    goldbyron Posts: 790 Forumite
    This is correct as above. If you wish to have a formal agreement should you split up etc - then you will need to do this seperatly. And believe me after the last two years of trying to sell a property with an ex partner (just completed last week) - it is well advised. You just never know what can happen and how people react however well you know them....
  • melonpan
    melonpan Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    Thanks for the info guys
  • melonpan
    melonpan Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    Would the deed of trust need to be set up at the same time? Or would you be able to do that at a later date?
  • david29dpo
    david29dpo Posts: 3,984 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    sooner the better. mine is 25/75. and we both have a copy in a safe place!
  • melonpan
    melonpan Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    Is it still necessary if we are dividing everything 50/50??
  • david29dpo
    david29dpo Posts: 3,984 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    no. if you do nothing, it will be 50/50 automatically
This discussion has been closed.
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