Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Original poster

Unmarried couple buying a house?!

32 replies

ConfusedFlower · 14/03/2022 20:16

Can anyone tell me the difference between ‘joint tenancy’ and ‘tenants in common’ ?

Does anyone have any background into which is the best way to go? We are unmarried have purchased a property together.

Would really appreciate it, thank you.

OP posts:
HelgaGPataki · 14/03/2022 20:21

Really depends on your situation.
Joint tenants everything is equal, if one of you dies then the other then owns the whole property.
Tenants in common tends to be used if you have different shares in the property that you want to ring fence in case of separation or selling down the line, or if you want to leave your half to someone else in your will.

GOODCAT · 14/03/2022 20:22

If you are putting in different amounts and want to own it in proportion to your contributions, you will need to be tenants in common. If you are tenants in common, you will need to consider wills. Without a will your share will pass to your blood relatives and your partner's share will pass to their blood relatives in accordance with the interact rules.

If you own it as joint tenants, you will have to own it 50/50. Also if one dies, that person's share passes to the survivor of you.

Original poster
ConfusedFlower · 14/03/2022 20:24

Thank you so much!

We own the house as tenants in common according to our papers.

Both of us put in equal amounts so we are 50/50. Does this mean if something were to happen to the other we would not have to buy the family out of the other half's share?

OP posts:
Labradooor · 14/03/2022 20:35

Yes, you (both) should have been advised about drawing up wills and thinking about what you would want to happen to your half. Check the letters you got from your solicitors.

mindutopia · 14/03/2022 20:38

If you are tenants in common, you each can leave your half of the property to someone else if you were to die, and yes, I would assume that if one of you died without a will, then it would automatically go to next of kin (family). For joint tenants, it would automatically go to the other partner.

Original poster
ConfusedFlower · 14/03/2022 20:43

Thank you @Labradooor we have no Will in place. Worrying with a baby on the way.

Close friend is a legal secretary for a local firm near me. Is it best to sort the Will before baby is here or after? Thank you

OP posts:
JaninaDuszejko · 14/03/2022 20:46

Get married vefore the baby arrives then you are each others next of kin. The baby will also be the next of kin once it's born.

HomeHomeInTheRange · 14/03/2022 20:47

As Tenants in Common you need to decide what to do if one of you dies.

You can make a Will leaving your half to your blood family, or to your Dp., or to anyone you like.

What would you like to happen should something happen to you?

Who would your DP leave his share to if something happens to him?

bigbluebus · 14/03/2022 20:48

Wills can be written with future children in mind so the sooner the better. Don't leave it just because you haven't had the baby yet. You may wish to consider who might be Guardian for you child/future children though.

HomeHomeInTheRange · 14/03/2022 20:51

A will can be sorted out very quickly.

Marlowe Wills is run by a MNer and is a very quick good value service.

Or you could indeed get married if you want to. Quick registry office job, have a big ‘do’ later if that is your thing?

TracyMosby · 14/03/2022 20:54

Do either of you have children with anyone else?

Original poster
ConfusedFlower · 14/03/2022 21:11

@TracyMosby

Do either of you have children with anyone else?
No this is our first child together. We would very likely be married in a couple of years time when we can afford it properly.

We are thinking to her the Will done before baby is here.

OP posts:
TracyMosby · 14/03/2022 21:30

We would very likely be married in a couple of years time when we can afford it properly.
In the mean time, make sure you are covered. Share parental leave. Stay full time. Give baby your surname.

Original poster
ConfusedFlower · 14/03/2022 21:31

@TracyMosby

We would very likely be married in a couple of years time when we can afford it properly. In the mean time, make sure you are covered. Share parental leave. Stay full time. Give baby your surname.
Thank you- that is another issue in itself. I want baby to have my surname but other half isn't happy.

I have said to him I want baby to have my surname until we are married and then I will get both of ours changed. I would feel a lot more secure.

OP posts:
Original poster
ConfusedFlower · 14/03/2022 21:32

Also I will be staying full time anyway. Thank you

OP posts:
GeneLovesJezebel · 14/03/2022 21:34

You are right to give baby your name and change it upon marriage.

GeneLovesJezebel · 14/03/2022 21:37

Tenants in common is right too. You can will your half to your child/children, and give your DP/DH a life interest in the house, which means he can live in your half until he cohabitates/remarries/can’t afford to run the house in the event of your death.

HotToddyColdSauvignon · 14/03/2022 21:38

Affording the marriage properly - why don’t you just get married the 2 of you in a registry office on a monday afternoon?

You don’t need to tell any family or friends. But it means you’re covered legally and secure. Haven’t you read enough threads from women on here who aren’t??

TracyMosby · 14/03/2022 21:39

Thank you- that is another issue in itself. I want baby to have my surname but other half isn't happy. I have said to him I want baby to have my surname until we are married and then I will get both of ours changed. I would feel a lot more secure.

Then give baby your surname. It is down to you what surname you baby gets anyway. Tell him it isn't up for discussion.

WutheringCripes · 14/03/2022 21:46

If we've learned anything from Mumsnet, it's get married before you own a house together or have a baby. Just get down the registry office and save yourself the trouble. 💐

Tippexy · 14/03/2022 21:49

It’s sad because having been on here fifteen years, you know exactly how it’s going to play out.

M0RVEN · 14/03/2022 21:50

@HotToddyColdSauvignon

Affording the marriage properly - why don’t you just get married the 2 of you in a registry office on a monday afternoon?

You don’t need to tell any family or friends. But it means you’re covered legally and secure. Haven’t you read enough threads from women on here who aren’t??

This. You are being very naive ( to put it politely ) buy a house without getting proper legal advice. And being even more naive to have a baby without any kind of legal contract such as marriage or having a will and POA.

How much family leave are you and your baby’s father planning to take each? How are you planning to share housework, childcare and childcare costs once you return to work full time ? Who will take time off work when baby is sick etc ?

RainbowToes · 14/03/2022 21:56

The comment about other half not being happy with baby having your name would worry me.
If I could go back in time I'd have kept my name when I married and double barrelled my daughters name. Hindsight is great.

Original poster
ConfusedFlower · 14/03/2022 22:38

@TracyMosby

Thank you- that is another issue in itself. I want baby to have my surname but other half isn't happy. I have said to him I want baby to have my surname until we are married and then I will get both of ours changed. I would feel a lot more secure.

Then give baby your surname. It is down to you what surname you baby gets anyway. Tell him it isn't up for discussion.

Baby will be having my surname. He is nearly in agreement just said to me 'he would have preferred her to have his' ...

I said when we get married it will change ... surely it's not an issue.

OP posts:
GeneLovesJezebel · 15/03/2022 06:57

@RainbowToes

The comment about other half not being happy with baby having your name would worry me. If I could go back in time I'd have kept my name when I married and double barrelled my daughters name. Hindsight is great.
Me too.