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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Joint ownership of the house

27 replies

LabyrinthIntheforest · 24/08/2024 18:02

Please let me pick your brain. I jointly own a house with my partner, who has left for someone else abruptly. Now, we need to decide what to do with the house. There are three options that I can think of:

1.	Buy out his share: I can buy out his share of the house. This means I’ll be using up 70% of my savings.
2.	Gift the house: He might gift the house to me, with the agreement that whenever I sell the house in the future, I would share the profit with him equally. This option allows me to live in the house for the rest of my life, or as long as I like. When the time comes that I wish to sell the house, we would share the profit equally. The purpose of this agreement is to protect the asset, which we both agreed to leave for our children in the future.
3.	Maintain joint ownership: We leave the house as joint ownership, but I take over paying the mortgage from my bank account because I’m the one who keep living in the house with 2 teens.

Would it be a good idea to take the second option? Or is it a bad idea because it might create future disruptions or any dispute from him in my life? How does the third option compare in terms of potential future complications? Looking forward to hearing from you. Thanks 🙏

OP posts:
bosqueverde · 25/08/2024 07:56

You have a fourth option: tenancy in common.
Though in your situation because you have the savings I agree with pps, buy him out that saves future complications.

But if you didn't want to, that would be a good alternative. With it you can vary how much each of you, so partly buy him out etc. You can also state each who inherits your share.

Finally it settles problems with investments/large expenses in the house. Suppose you house is worth £100,000 (it probably isn't, just making figures simple) divided into 50 shares each, and you have to spend 4,000 on a new boiler. I4 new shares are issued, and if you spend that amount, you now own 54 shares while your ex still has 50. So noone loses out and investments are not frozen, which matters in a house.

Another use of this is to settle rights over the house right now, knowing more needs to be done later that could involve gifts/exchanges of house shares and of money.

Anyway imo pps are right - cutting ties is better since you can.

RedHelenB · 25/08/2024 07:59

Will.he agree to option 2? Because that is not usually advised.

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