Let’s start at the beginning. An unmarried couple is in love and can’t wait to live together. They’ve saved their deposits and are looking at houses. Finally, they find a property and begin purchasing their dream home. Amongst multiple forms from their solicitor is one that asks how they would like to hold the property and whether they would like to be “joint tenants” or “tenants in common.”
In an ideal world, the solicitor clearly explains the difference between these two, but this doesn’t always happen. If the couple selects the wrong option, a cohabitation dispute could follow if the couple separates.
If only one person has contributed capital to the purchase or has contributed considerably more than the other, if the parties are joint tenants, then each party still owns an equal share of the property. This option might seem unfair, particularly where one party has used inheritance money or the “bank of mum and dad” to support the purchase. By selecting tenants in common, buyers can choose to own the property in percentage shares, for example, based on the amount they put in. These shares are not set in stone but could be crucial if the relationship breaks down and a dispute arises. Pippa advises:
“Although you might prioritise choosing the new kitchen, make time to decide how you should own your property at the outset; it may save you thousands on legal fees and protect your financial interests. Each purchaser should seek independent legal advice regarding any inequality in your deposit contribution. How you own your property also has implications on who benefits in the event of death, and there can be potential tax consequences/advantages depending on the option selected.”
Contact family solicitor Pippa Marshall or head of property Brinda Granthrai today to find out how they can help you.
Note: This article is not legal advice; it provides information of general interest about current legal issues.