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how to divide house

cheepskate_2
cheepskate_2 Posts: 1,669 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
edited 25 January 2013 at 9:14AM in House buying, renting & selling
Hi All
Wondering about different opinions.



how would the split be if we bought a house with someone 2/3 1/3

Comments

  • I agree that he is taking on 2/3rds of the cost of the house- so he should also keep 2/3rds of any profit and contribute 2/3rds of any repairs with you taking care of the last 1/3rd.
    When you sell it will then be a simple 1/3rd:2/3rd split.
    If he takes all of the profit it makes it more complicated.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wouldn't be happy with not getting any return on 25k until the house is sold. Why is your brother taking all the rent?
  • cheepskate_2
    cheepskate_2 Posts: 1,669 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 25 January 2013 at 9:13AM
    What are the leagal implications of buying a house say 1/4 3/4 with someone
  • krlyr
    krlyr Posts: 5,993 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    IMO either you're view it as you buying 1/3 of a house - in which case, you get 1/3 of the rent but also have to pay 1/3 towards expenses, and get 1/3 of the sale price back (which may not necessarily be your £25k if the house were to sell for less than £75k)
    Or you view it as a loan of £25k to your brother with no interest charged, in which case you don't take on any profit from the house but no costs either, and you have your £25k returned regardless of what the house sold for.
    One of you has to take a risk in terms of the house selling for less than anticipated, if you don't want to take that risk then your brother has the choice of accepting your loan or finding the £25k elsewhere. It sounds like you're not particularly fussed about actually having a house or income from the house either way so I would stick to my guns on this one.
  • Not so bad if brother pays off mortgage out of his 2/3rds share - not the same thing at all if he keeps 2/3rd profit after mortgage paid off!
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Whatever you decide, put it in writing! And include all possible scenarios eg
    * what if only one of you wants to sell
    * what if you need your £25K back early?
    * what if there's a major unexpected costly problem?
    * what if the tenant stops paying rent and brother can't afford the mortgage for 6 months during legal action?
    * what if.... what if...

    Unless you think through, and agree, every possible future scenario, you risk falling out with family later.
  • kingstreet
    kingstreet Posts: 39,444 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You do realise you're going to be joint and severally liable for the mortgage, don't you?

    He can't raise a sole mortgage on a property you plan to hold jointly.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    This makes no sense. If you are part owner you are liable for the mortgage, liable for the repairs and maintenance and would be seen by the Inland Revue as receiving the rent so would be liable for income tax. It would make far more sense to have a deed of covenant for either a fixed amount or a fixed percentage but your brother being the sole owner.

    Nobody can guarantee they won't lose money, five years on the property market is a gamble not an investment. If you had purchased in 2007 you would have made a whacking loss. No offence but neither of you seem to have much idea about how the property market or taxation works, maybe this is a bad idea?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cheepskate wrote: »
    I m not bothered about interest/return or how much they will make etc , just that the 25k comes back.

    Is that from the point of view of your present situation or have you also considered whether you could cope if you needed to claim benefits? You would be assessed as having that capital and not be entitled to means tested benefits.

    If you leave the option to sell open-ended, what would happen if you needed to get your hands on your money and your brother didn't want to sell?
  • don't do it ... money always ruins relationships!
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