We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Joint tenant home owners, poss break-up

Hi everyone,
I am currently a joint mortgage owner with my partner, and I strongly sense a break-up may soon be on the cards.
I’m actually less worried about splitting pounds and pence than just getting out of the situation intact, saving my sanity and having enough to live on. I’m also going through a career change into teaching from recruitment and my initial income will drop significantly.
Advice I’ve had from well meaning friends is to change to “tenants in common” but I’m not sure what the key differences are?
Said partner can be difficult so the cleaner the break the better, I don’t want to complicate things and also don’t want to prolong the process by trying to renegotiate the terms of our mortgage if he can’t see the benefit to him.
I’m thinking we could perhaps change the house to a rental property, but then the challenge would be to deal with each other long term, which I’d really prefer to avoid. I’m wary of quick sale schemes, but we’re not in a place where we’ll want prolonged interaction with each other as that will go round in circles ad nauseum and nothing will get resolved or agreed.
I just want as quick, fair and painless exit as possible. Asking a lot maybe. Can anyone help or advise?
Thanks.

Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Changing to tenants in common isn't really going to help you, unless one of you dies and or you have children.

    Just put it on the market to sell and get a clean break up, if possible.
  • boxer234
    boxer234 Posts: 396 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    I’ve just been through this it’s not an easy time.  He tried to buy me out but couldn’t secure the mortgage so we sold and split the profit 50/50 and walked away.  I am renting will buy in a few years hopefully but am super comfy in my rented cottage and enjoying my freedom. 
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JT means that, if one of you dies, the entire property passes to the survivor. TiC means that you owned a defined % share of the property each (might be 50% in your case, but doesn't have to be), and on death, that share passes to the beneficiaries as defined in your will or, if intestate, to the next of kin as defined under the intestacy laws. So, you really need to change that ASAP, assuming mutual agreement (if not, you can't). And, revise or make your will (i'm assuming you are not married or in a civil partnership).
    Sounds like you cannot afford to buy him out, but can he afford to buy you out? If not, it's best to sell up, which you can't do as JT without mutual agreement.  Please don't even consider renting it: being a 50% accidental landlord bring major responsibilities and pressures that you really don't need. 
    No free lunch, and no free laptop ;)
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You say 'partner' so I assume not married. If married, the divorce agreement will deal with the property.
    If not, you are right- you must make a clean break:
    * do NOT consider keeping the property jointly and letting it.
    * either sell it, and somehow agree how much you each get (50/50?)
    * or one of you buys the other out for an agreed amount
    Changing the joint ownership method won't make any difference to te above, but to understand the difference, see



  • gwynlas
    gwynlas Posts: 2,389 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    All things might not be as equal as you imply.
    Did one of you put down a larger percentage of the deposit? Did one of you pay a larger percentage of refurbishments?
    If you have not got a Deed of Trust are you prepared to sort out the above amicably?
    Is the property in a fit state to sell, ie would it benefit you both financially to invest some money in property prior to sale?
    Are either/both of you able to move elsewhere whilst property sold or will you be forced to share?
    Ideal would be a clean financial break asap.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.