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Joint Mortgage Application

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My Situation

I am looking to buy a house in the near future as a first time buyer, looking at either doing a joint or sole mortgage application. If I were to do a joint application is there a way I can protect myself should my partner and I split up?

I would be providing all the deposit for the mortgage as my partner is finishing university so does not have any savings. I want to ensure that if we were to split up (and potentially had to sell the house if I could not afford by myself), I would be legally guaranteed to receive my cash deposit back plus a share of any equity gained (if the house price were to rise).

Example

As an example if we jointly purchased a house for a price of £250k and I put up £50k as a deposit (£200k mortgage), then 2 years later we split and the house was now worth £260k.

I want to be able to sell the house for £260k, pay off the £200k mortgage then I would be legally guaranteed to receive £50k plus a share of the £10k increase in value.

Question

Is it possible to have this drawn up into some sort of legally enforceable document? Or included as part of the mortgage application?

(Please note I am aware of the simplicity of the scenario whereby I have not paid off any of the mortgage and the house value has gone up, but it's just to keep it simple!)

Comments

  • kingstreet
    kingstreet Posts: 39,264 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nothing to do with mortgage.

    You need a Deed of Trust drawn up by solicitor and to purchase property as tenants in common, not as joint tenancy.
    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.
  • Thanks for that information, after a quick Google seems quite straightforward!
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