Relationship breakdown and property question

[toyoda_man]

Good evening all,

I purchased a property outright in 2018, funding it entirely myself. Stupidly, my partner and I are registered as joint tenants on the Land Registry title.

Not sure if it matters but during our time living in the property, she has not contributed financially - this includes bills, maintenance, or any building work.

Now that we’ve decided to part ways, I’m seeking some clarity on what the best and worst case scenarios might be regarding the division of proceeds from the property.

Any advice or insights would be greatly appreciated!

Thank you

[interstellar]

Were you married to her?

[Inbox]

My understanding is the default division would be 50:50, she did well.

Get some professional advice.

[toyoda_man]

• Not married *

Edited by toyoda_man on Saturday 4th October 18:02

Edited by toyoda_man on Saturday 4th October 18:03

[jonsp]

Inbox said:

My understanding is the default division would be 50:50, she did well.

Can he not over-ride that by showing he paid for the place (bank statements etc) and she contributed nothing to it's upkeep?

[Inbox]

jonsp said:

Inbox said:

My understanding is the default division would be 50:50, she did well.

Can he not over-ride that by showing he paid for the place (bank statements etc) and she contributed nothing to it's upkeep?

This is where it gets messy, if she realises that is her entitlement and you try to 'row' back on that well you can imagine how well that will go down.

The OP needs professional advice not an internet forum.

[Griffith4ever]

My mate did this. Not married, put her name on the registry / house in both names. Had 2 kids mind you. Lost over half the house.

I,on the other hand, did get married, did NOT put half of MY house in her name. Got divorced. Gave her a goodwill payment. Walked away.

[Arrivalist]

I think the OP is going to lose half the house BUT definitely needs professional advice.

[reggie747]

Griffith4ever said:

My mate did this. Not married, put her name on the registry / house in both names. Had 2 kids mind you. Lost over half the house.

I,on the other hand, did get married, did NOT put half of MY house in her name. Got divorced. Gave her a goodwill payment. Walked away.

Niiiiice.
Just what the OP wants to heart I guess.
Every body loves a wise guy

[Ace-T]

Firstly get advice. Not from a family lawyer as that is not what is happening here.

This is similar to my brothers situation.

Essentially you both own a house almost as if this was a commercial agreement if you bought it with a colleague as you are not married, therefore there is no family law stuff to consider.

A good lawyer will advise you on this basis. A bad one will bring in family law, which is not applicable. Guess what initially happened to my brother.

Secondly. Get advice.

[Byker28i]

I suspect you'll owe her half the profit from the house, so if it's sold now, what the difference from between when it was bought and when sold, less buying and selling fees.
If you work that out, can you offer around that for her to buy her out? But as said, get proper advice

[Griffith4ever]

reggie747 said:

Griffith4ever said:

My mate did this. Not married, put her name on the registry / house in both names. Had 2 kids mind you. Lost over half the house.

I,on the other hand, did get married, did NOT put half of MY house in her name. Got divorced. Gave her a goodwill payment. Walked away.

Niiiiice.
Just what the OP wants to heart I guess.
Every body loves a wise guy

You could take it that way, or, as it was meant to be - an example of both sides of the coin.

[BunkMoreland]

reggie747 said:

Griffith4ever said:

My mate did this. Not married, put her name on the registry / house in both names. Had 2 kids mind you. Lost over half the house.

I,on the other hand, did get married, did NOT put half of MY house in her name. Got divorced. Gave her a goodwill payment. Walked away.

Niiiiice.
Just what the OP wants to heart I guess.
Every body loves a wise guy

[Inbox]

BunkMoreland said:

reggie747 said:

Griffith4ever said:

My mate did this. Not married, put her name on the registry / house in both names. Had 2 kids mind you. Lost over half the house.

I,on the other hand, did get married, did NOT put half of MY house in her name. Got divorced. Gave her a goodwill payment. Walked away.

Niiiiice.
Just what the OP wants to heart I guess.
Every body loves a wise guy

It is last few seconds, pure comedy, moment of truth, etc.

[Ace-T]

You can own a property as either joint tenants or tenants in common .

The type of ownership affects what you can do with the property if your relationship with a joint owner breaks down, or if one owner dies.

https://www.gov.uk/joint-property-ownership/change...

https://hmlandregistry.blog.gov.uk/2022/11/02/what...

https://osborneslaw.com/blog/tenants-in-common-vs-...

Edited by Ace-T on Sunday 5th October 23:05

[Actual]

lizardbrain said:

I think joint tenants literally means you have equal rights to the property.

When I did similar I had contract drawn up recording my contribution etc and had it updated down the line but i doubt it will mean much in the end. I expect the joint tenant to override if it ever is disputed

End of the day joint tenants is a big statement and a legally binding one

In this situation what difference does joint tenants make vs tenants in common?

[Arrivalist]

Actual said:

lizardbrain said:

I think joint tenants literally means you have equal rights to the property.

When I did similar I had contract drawn up recording my contribution etc and had it updated down the line but i doubt it will mean much in the end. I expect the joint tenant to override if it ever is disputed

End of the day joint tenants is a big statement and a legally binding one

In this situation what difference does joint tenants make vs tenants in common?

JT you both own the entire property.
TiC you both own a share (which doesn’t have to be equal)

Under JT the property passes to the other person on death.
Under TiC you pass your share to whoever you want under you will.

[ThingsBehindTheSun]

Years ago my Aunt was living with a guy and although I don't know the ins and outs of it, he used her council discount to buy the council house they were living in. Because of this she was on the deeds to the property, but didn't ever pay a penny towards the mortgage or upkeep of the property.

Many years later they split up, she moved out and he thought the house was now his. My Aunt took legal advice and found out that because she was on the deeds she was entitled to a percentage of the property. Despite her ex claiming that he would burn it down rather than give her anything, he ended up having to buy her out of her share.

I work with a guy who got divorced a few years ago and because his ex wife was wealthy and they had no children came out with a decent lump sum. A while later he met another woman who had two children and apparently was not earning much. He wanted to buy a house for them to live in using just his money and she insisted that he put her on the deeds, which he did.

I can see exactly where this car crash is headed and it involves him being kicked out of his own house in a few years and her thinking it is hers.

Guys, just don't do it. Never, ever put the girlfriend on the deeds when you are ponying up all the money. I know you think "She loves me, that won't ever happen to me" but it probably will and you will be financially ruined.

If you really, really must do it then buy it as tenants in common with a defined contract stating who owns what percentage of the property. If the girlfriend won't agree to this then it is clear that she has her eyes on the prize and you would be mad to have anything more to do with her.

[lizardbrain]

Another way to look at it is that you put a partner as a joint owner on a house precisely because you want them to own half of the house. Perhaps it's the best reason of all.

[ThingsBehindTheSun]

lizardbrain said:

Another way to look at it is that you put a partner as a joint owner on a house precisely because you want them to own half of the house. Perhaps it's the best reason of all.

I think that is the only reason, if that isn't what you want then don't do it, especially if it is just to placate her. Otherwise it has a good chance of biting you on the arse one day if you split up and you didn't actually want to give your partner half a house.

I think putting your partner on the deeds and then worrying you will lose half your house when you split up means you never wanted to give away half in the first place.