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Tenants in Common Agreement - does this protect my interets?

3 replies

MrsRonniePickering · 29/09/2015 15:12

Basically DP and I moved into our house together 3 years ago. The house was bought soley in his name. I am not named on the deeds or mortgage.

Yes, I was stupid.

Anyway the time has come to protect my interest in the house so on Thursday we are going to solicitor to ask for a tenants in common to be drawn up with the following Info -

He put £21k into the deposit.
I put £2k into the deposit.

Since then, £3k has been paid off the mortgage as we want this (and further payments) split 50/50 between us.

I also want protecting against:-

Him selling the house without my consent.
If anything happens to him, the house being left to a 3rd party without my consent (although I realise he can leave his share to someone else but I'm assuming if I also have a share, that person would need to buy me out to own the house completely? therefore I couldn't just be kicked out?
If we split up - either the house gets sold and the shares given back to each of us or again, one (he) buys the other (me) out.

Does all this sound reasonable and realistic? He's happy with it - but he's dealt with the solicitor before so I'm paranoid the solicitor will act in his best interest rather than be unbiased

OP posts:
ShanghaiDiva · 29/09/2015 15:22

He can make a will leaving his share to a named beneficiary, but this would not affect your share. If you held the property as joint tenants his share would pass automatically to you under the principle of suvivorship and not under the will.

MrsRonniePickering · 29/09/2015 15:42

But for joint tenants would our shares need to be equal?

OP posts:
ShanghaiDiva · 30/09/2015 01:46

Joint tenants means that you each own all of the property - sounds a bit strange, I know - which is why the property does not pass under the will if one joint tenant dies. Therefore there is no equal share.

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