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    • Barny1979
    • By Barny1979 10th Apr 18, 6:37 PM
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    Barny1979
    Joint Ownership Question
    • #1
    • 10th Apr 18, 6:37 PM
    Joint Ownership Question 10th Apr 18 at 6:37 PM
    If a mortgage between 2 unmarried people, with no children, which is Joint Ownership, is all equity split equally?
Page 1
    • G_M
    • By G_M 10th Apr 18, 8:02 PM
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    G_M
    • #2
    • 10th Apr 18, 8:02 PM
    • #2
    • 10th Apr 18, 8:02 PM
    Do you own the property as Tenants In Common, or Joint Tenants?

    If TIC, was a Deed executed?

    If yes, what does it say?
    • Barny1979
    • By Barny1979 10th Apr 18, 8:07 PM
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    Barny1979
    • #3
    • 10th Apr 18, 8:07 PM
    • #3
    • 10th Apr 18, 8:07 PM
    Joint Tenants, no deed of execution in place.
    • steampowered
    • By steampowered 10th Apr 18, 8:46 PM
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    steampowered
    • #4
    • 10th Apr 18, 8:46 PM
    • #4
    • 10th Apr 18, 8:46 PM
    The basic answer is yes, equity will normally be split equally in the situation you describe.

    However property law does have some caveats depending on the precise situation. There are a number of valid reasons for one party to claim a bigger share. So if the situation is contested legal advice may be required.
    • Tom99
    • By Tom99 11th Apr 18, 12:28 AM
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    Tom99
    • #5
    • 11th Apr 18, 12:28 AM
    • #5
    • 11th Apr 18, 12:28 AM
    You can always change to Tenants in Common if you wish and set up a Deed of Trust to say how the proceeds will be split between you on sale.

    You can also then leave your respective shares to A N Other in your will, whereas at the moment it will all go to the surviving joint owner automatically.
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