Buying property with a partner is an exciting milestone, but it’s essential to consider both the financial and emotional aspects of the process. Whether you’re purchasing your first home together or investing in a property, here are some key things to keep in mind to ensure a smooth and successful venture.
1. Establish Clear Financial Roles
Before making any commitments, have a conversation about each person’s financial situation. Be open about income, debts, and credit scores. Knowing where you both stand financially will help determine your budget and ensure that you’re both comfortable with the investment.
- Joint vs. Sole Ownership: If you own the property jointly, you both share legal responsibility for the mortgage and other financial obligations. If one person cannot pay their share, the other may have to cover the full amount. Sole ownership means only one person is legally responsible, but the non-owner may still have a financial interest, which could be formalised through a legal agreement.
- Mortgage Considerations: If applying for a mortgage together, lenders will assess both applicants’ financial situations. If one person has a poor credit history, it may impact approval or lead to less favourable mortgage terms. In cases where one partner cannot contribute financially, you may wish to explore a guarantor mortgage, where a third party (e.g., a family member) guarantees the loan.
2. Decide on the Type of Ownership
When purchasing property with a partner, you have two options: joint tenancy or tenancy in common.
- Joint Tenancy: You both own the property equally, and the right of survivorship applies, meaning if one owner dies, their share automatically passes to the other owner, regardless of any Will.
- Tenancy in Common: Each party owns a specific share of the property, which can be unequal. Upon death, a person’s share is distributed according to their will or intestacy rules rather than automatically transferring to the surviving owner.
Tip: If you choose tenancy in common, ensure your Wills are updated to reflect your wishes regarding property inheritance.
3. Set Expectations for the Future
Discussing the long-term vision for the property is crucial. Will this be a forever home, or are you both planning to move within a few years? Setting these expectations early on will help prevent misunderstandings down the road.
Additionally, it’s wise to discuss what will happen if things don’t go as planned. For instance, if you break up or want to sell the property, make sure there is a clear agreement about how the property will be divided or sold.
Exit strategies can be formalised legally:
- A Declaration of Trust (Deed of Trust): This legally records each partner’s financial contributions and outlines what happens if the property is sold or one partner wishes to buy out the other.
- Cohabitation Agreement: If you’re unmarried, a cohabitation agreement can set out financial responsibilities, including mortgage payments, bills, and property rights in the event of a breakup. This can help avoid disputes later.
4. Create a Legal Agreement
Even if you trust your partner, it’s wise to create a legal agreement outlining each person’s financial contribution and responsibilities. This can be in the form of a cohabitation agreement or a deed of trust:
- Declaration of Trust: A legally binding document specifying each party’s financial contributions and how the sale proceeds should be split. It is particularly useful if one party is contributing more to the deposit or mortgage.
- Cohabitation Agreement: A broader document covering property ownership, finances, and living arrangements. This agreement is especially beneficial for unmarried couples to clarify financial responsibilities.
Legal Requirement: If a Declaration of Trust exists, it should be registered with the Land Registry to ensure enforceability.
5. Consider the Risks
There are inherent risks when buying property with a partner, such as the potential for financial hardship or relationship breakdowns. Ensure that both partners are financially prepared for any unexpected costs, such as repairs or job loss.
It’s essential to have:
- Financial Hardship & Mortgage Protection: If one person loses their job or can’t pay their share of the mortgage, the other may be legally required to cover the payments. Mortgage protection insurance can provide financial security in such cases.
- Life Insurance: If you have a mortgage together, taking out life insurance can ensure the surviving partner can continue making payments if the other passes away.
Tip: If you are making unequal financial contributions but still own the property as joint tenants, ensure that your arrangement is documented to prevent disputes.
Conclusion
Buying a property with a partner is a significant decision requiring careful planning, legal protection, and open communication. Ensuring you understand ownership structures, legal agreements, and financial responsibilities can help safeguard your investment. If you need expert legal advice on property ownership, 360 Law Services is here to help.
