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Original poster

Joint ownership- who pays

29 replies

citynbeach · 02/09/2022 10:08

My partner jointly owns a home with his father. The father lives in it and pays the mortgage and everything to do with the house (upkeep, all bills, repairs, maintenance, insurance etc). My partner is obviously benefiting from the property going up in value with new bathrooms, garden redesign etc. as joint owner should he pay something towards the mortgage (with interest rates going up) or if repairs need doing even though he doesn't live there?

OP posts:
Lunar270 · 02/09/2022 14:53

Surely it depends on numerous aspects so there isn't a simple answer.

What was the objective or arrangement at the beginning (or when your partner) went into joint ownership?

Sounds like he's got a good deal if he owns it jointly but contributes nothing, but depends on the arrangement.

abovedecknotbelow · 02/09/2022 17:13

How does he jointly owning it if he's not laying the mortgage?

ElizabethSchuyler · 03/09/2022 01:22

He should pay 50% of the mortgage with any associated costs as well as 50% of upkeep/repairs/renovation costs.

Original poster
citynbeach · 03/09/2022 22:17

He jointly owns it because he's on the deeds and the mortgage but he doesn't live in it. Hun and his father originally lived there together but then he met me and moved out into mine. So should he pay something towards it even though he doesn't live there?

OP posts:
abovedecknotbelow · 03/09/2022 23:13

Of course he should otherwise it's not jointly owned, he's got his name on the deeds but
If he's not paying it's
Not jointly owned.

ultraviolet4753 · 03/09/2022 23:13

Why is he on the mortgage and deeds if he contributes nothing? Was he put on after his mum died?

If he doesn't contribute to the mortgage or pay for upkeep and repairs, he can't really lay claim to being a joint owner.
Pay half of everything or give sole ownership to his dad.

caringcarer · 03/09/2022 23:17

He should pay half of mortgage. His Dad should pay all other cost as he lives there.

Gazelda · 03/09/2022 23:28

Did he put any money towards the deposit?

Aquamarine1029 · 03/09/2022 23:30

I think this is between your partner and his father. It has nothing to do with you.

Testina · 04/09/2022 17:33

Aquamarine1029 · 03/09/2022 23:30

I think this is between your partner and his father. It has nothing to do with you.

I was going to type this!

DeliaDinglehopper · 04/09/2022 17:36

Another way to look at it is that if your partner is paying half the mortgage, his father should pay rent on half of the house, and so instead of they agree that those payments cancel each other out. Is it held as joint tenants or tenants in common?

It would be very wise for your partner and father to have a legal agreement setting out what is agreed though. Can get very messy otherwise.

NoSquirrels · 04/09/2022 17:38

I think he should pay maintenance and repairs, yes.

Kite22 · 04/09/2022 19:49

There is no "should" about it.
It is between him and his Dad.
As Delia said, in theory, if his Dad only owns half the house he lives in they he "ought" to pay rent on the other half (to your dp) but then your dp "ought" to pay for half the upkeep and improvements.
If they decide all that cancels out that is surely up to them.
It will also depend on whether either dp or his Dad are on their upper or if they are wealthy.
Although, it might be messier, depending on what his Dad's will says, and if there are siblings and so forth and what your dp's relationship with them is like.
It certainly makes sense to make sure they are covered legally.

Original poster
citynbeach · 04/09/2022 20:38

@Testina @Aquamarine1029 The fact that the issue is between my partner & his father obviously goes without saying. That's a given. But surprisingly as it may be to some of you, my partner doesnt use "Mumsnet" but knows I do so asked me to get some objective opinions. I don't why I'm having to explain this part of it but there you go

OP posts:
Original poster
citynbeach · 04/09/2022 20:41

Just to be clear- my partner is currently not paying anything on the house (not the mortgage or any repairs/maintenance). My father-in-law who lives there pays all the mortgage on it and all repairs/maintenance. The mortgage is in both their names and they are 50/50 on the deeds

OP posts:
Qik · 04/09/2022 21:18

Lot's of wrong answers on this thread.

Two legal owners. That's a starting point. What matters is who are the beneficial owners and to what degree. The circumstances of the purchase will be relevant so too the acts and intentions of the parties. These will determine whether your partner is a nominee, trustee or whether he does have a beneficial interest in the property. That interest is where the money is. On a practical level, who checks there is buildings insurance every year. Who checks there is no dying tree in the garden that may fall and injure someone.

More relevant, why has this become an issue?

pogostickplastique · 04/09/2022 21:39

Is this a reverse??

Tatty3 · 04/09/2022 21:41

Of course he should pay his share of the mortgage and split any repairs/improvements!

Qik · 04/09/2022 22:52

Tatty3 · 04/09/2022 21:41

Of course he should pay his share of the mortgage and split any repairs/improvements!

Why? Where is the 'should' in all of this.

What if Partner is only on the title because they are guarantor to the mortgage and the father is the economic owner? What in land law says that joint owners 'should' contribute to expenses equally? What if they have a different arrangement?

'Should' Partner be charging father half the market rent then for living in his half?

As I said above, go back to the intentions of the parties.

PremiumPiglet · 04/09/2022 23:12

Qik · 04/09/2022 22:52

Why? Where is the 'should' in all of this.

What if Partner is only on the title because they are guarantor to the mortgage and the father is the economic owner? What in land law says that joint owners 'should' contribute to expenses equally? What if they have a different arrangement?

'Should' Partner be charging father half the market rent then for living in his half?

As I said above, go back to the intentions of the parties.

Show quote history

You don’t go on the title as a guarantor

Qik · 04/09/2022 23:28

Joint proprietor then, but you get my principles surely?

worriedatthistime · 05/09/2022 00:09

Your partner has got a good deal
If they were to rent it they would boys have to pay for repairs and maintenance
But if his dad is happy with the arrangement and can afford it, but wouldn't hurt for your dp to ask his dad this

Aquamarine1029 · 05/09/2022 00:18

Why would your partner care about the opinion of a bunch of randoms on mn? How bizarre.

I would think a grown man could form his own opinion and then speak to his father about this if he had concerns.

FlowerArranger · 05/09/2022 00:36

How do they own the house - joint tenants or tenants in common?
If the latter, each can will their share to whoever they choose, whereas as joint tenants, the survivor inherits the other's share.

However, as to the OP's question: it depends entirely on what the two agree. Maybe the father wants to improve the property so that his son benefits after his death.

But why was this not agreed and spelt out when the property was originally purchased?

Original poster
citynbeach · 05/09/2022 13:33

@Aquamarine1029 what a strange poster you are just to come on a thread to be insulting. You give no helpful answers or suggestions, you just sound very negative. Haven't you something better to do? If everyone thought "grown up's" should not need the opinions/advice of others Mumsnet and other such advice boards wouldn't exist

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