Joint tenants or tenants in common

[SayyyWhattttt123]

Not AIBU, but posting here for traffic.

DP and I are about to buy our first house and I need advice about whether we should become joint tenants or tenants in common?

Background: we’re engaged and have a child together. Both contributing equals deposit amounts and plan to pay the same amount towards mortgage repayments.

MIL to be is a former legal secretary and is absolutely adamant we need to be ‘tenants in common’ - says it’s what everybody does and will protect us both. However I have basic legal advice through an EAP, and they said they would recommend joint tenants, on the basis that if we were to split I would likely have custody of our child and may need more to remain in the family home etc. They also said that tenants in common have the right to sell their part of the property at any time, change the locks or block access to parts of the house.

Relevant background: DP owned with previous partner and put down the entire deposit (£30k+) and they had a verbal agreement if they ever need to sell the house he would get his deposit back and they would split the rest. When they did actually part ways, DPs ex tried to have all money from the sale split down the middle ignoring that he put £30k down and she put nothing in (they have no children together and only lived in the property for 6 months before splitting up).

Obviously I don’t envisage us ever going down this track or want DP to be treated unfairly, but MIL to be has made such a point I almost feel she’s pushing me into it and it’s making me question if it’s in my best interests.

I’m interested to know what other people have done as I’ve never bought before, or if there is anyone with a legal background what their thoughts are?

I should add, DP is not adamant on tenants in common, he is fairly relaxed about the whole thing. MIL is the one who is concerned, I assume based on his past experience.

We are seeing a solicitor tomorrow but I would like to get my head round this before hand if I can, and also be armed with any relevant questions!

I would recommend joint tenants.

It is up to your partner not your MIL to decide how he wants to own the property so ignore her.

You should really take independent advice preferably from a divorce or family solicitor on what tenants in common means if you do get married then get divorced.

At the moment you are not married and as such the property can be divided 50/50 anyway regardless of children if he wants to make you sell. Married women have no rights you must get married to have a right to stay in the property until the child is 18.

MIL needs to either shut up and let her adult son make his own decisions, she can advise him but that's it. Or she needs to remember you have a child together, that makes a difference!

Whatever you do just put down in writing what your intentions would be if you split. Then you won't be as easily able to do what DPs ex tried (not suggesting you would), which would reassure MIL and do you no harm!

We went for Joint Tenants. This was because we'd both like to remain in the property on the event of each other's deaths without it being disputed. DSD is still provided for through DP's life assurance scheme. The last thing we'd want for each other in the event of our death is for the other to have to sell up. Not entirely sure where we'd stand in the event of us breaking up but we're both adults and I'm sure we could work it out together.

Tenants in common is not usual for couples with children. I am not sure I'd buy jointly with a child without being married, though.

No legal background but I think that it makes sense to be Joint Tenants to protect your child. Your DP should agree with protecting your future child over his mothers recommendation in this instance at least.

Tenants in common can be useful if both parties have children from a previous relationship. If you die you can leave your half to the kids, otherwise it automatically goes to the other. Most uncomplicated relationships go for joint tenancy, otherwise you could end up with only half a house. Solicitor will put it better. Used to be a thing to avoid inheritance tax as the surviving person had a trust and was allowed to live in the house but I dont think that works any more

thank you for the all replies, very informative and helpful.

Barbie22 - why so? I’m not very clued up on legal matters so interested to understand

If you are joint tenants and one dies the other owner automatically owns the whole despite what any will says.

If you are tenants in common you each own your respective half shares. If one of you dies if you are unmarried that half share would pass to the children and not to the other of you which could cause real problems.

It’s pretty easy to sever a joint tenancy and become tenants in common. What’s right for you depends on your future plans really.

I would think joint tenants is the right way to go. My husband and I bought a house with my mum when she came to live with us and we were tenants in common, to protect her investment in the property.

You’re engaged and presumably planning to marry, so if you were to split, presumably you’d have half each.

Sounds like your MIL isn’t too keen on the whole thing 🧐

If you do joint tenants all one of you needs to do to change it to tenants in common is get a solicitor to serve papers changing it to tenants in common.

Joint tenants means that one the death of one it transferred to the other

Tenants in common protects your share for you, so you can have an 60/40 split for example if one of you has put more into the deposit

MIL to be is a former legal secretary and is absolutely adamant we need to be ‘tenants in common’ - says it’s what everybody does and will protect us both.

This is clearly nonsense. First of all, what everybody else does is irrelevant, you need to do what's right for you and DP. Secondly, it's not what I or others on this thread have done, so is factually incorrect. Thirdly, having worked as a secretary does not make her qualified to give legal advice.

My DH is likely to outlive me so we went forTenants in Common. My half will go to our DDs but Dh will live in the house until he passes.

It safeguards our DDs inheritance should there be a new Mrs Cupboard who has 4 greedy kids, as it belongs to our DDs and my half cannot be shared with out.

It also prevents a forced sale to pay for care home fees ( I believe) but thats not why we did it.

In your case absolutely joint tenants. I work in land registry and would only ever recommend tenants in common in the case of one has a child from a previous relationship to protect them.

Tenants in common is usually just for possibly family members inheriting or the like.

Your MIL is talking crap.

Tipexxy - ha ha, this isn’t lost on me. I am mildly insulted she thinks I’d try and fleece him!

The next minute however, she tells him I’m the ‘best thing that’s ever happened to him’

So glad to hear other people’s points of view. DP is sensible and will no doubt understand my concerns, I will ignore her and do what’s right for us!

This should be thought about in conjunction with your estate and will planning. My understanding is that if one of you dies, joint tenancy means the surviving person gets the whole house automatically and then they are free to will it away to anyone (not your joint child). With tenants in common you can specify that half goes to your child but the other person can live in the house or have some form of rights over it until they die.

You could have an agreement about what would happen in the event of a split too but I don’t know how it could be made legally binding.

You really need independent legal advice to think about they options, in the cases where you do get married or don’t get married, where you split up, when one of you passes away.

I know people that have been disinherited in favour of a new wife and step-children. When one parent dies, they have absolutely no control over how the remaining parents disposes of the estate. Unfortunately men you would not expect to cut their children out have done so.

We went for tennants in common as we were putting in unequal amounts. If that wasn't the case we would have gone for joint tennants as now we have the faff of writing a will to ensure the other person can stay in the house of we die.

In your circumstances, joint tenants.