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Unequal home ownership - grateful for any advice!

88 replies

OnThisHarvestMoon · 07/01/2025 05:46

My husband and I are thinking of buying a house together. We currently live in the flat that he owns but it's too small now we also have a child.

I also own a flat that is currently being rented; it’s a lot less valuable than his: worth less than half.

We plan to sell both flats to buy our forever family home.

His family have very generously offered to help us buy a place, but they want any money they contribute plus the money he puts in from the sale of his own flat (they originally purchased it for him) ringfenced with a Tenancy in Common agreement whereby I am only entitled to the exact amount I put in (and the corresponding percentage of interest if it accrues value) if the property is ever sold. They also want us to buy in a particular, and very expensive, area as a condition of contributing the money. I think I would end up owning about a fifth of the property.

I don’t know how to feel about this. On the one hand, I can absolutely understand their desire to protect their wealth and it’s completely fair. On the other hand, I’m struggling to get over how much less financial security I will have than my husband should our marriage ever end. (We really love each other and have a strong and honest relationship, so I’m not expecting this to happen, but then who is?)

I am feeling extremely financially insecure as my career (and self esteem) has taken a big hit post maternity leave as I’ve struggled to find steady work (I freelance). I have mostly been living off my rental income (which I will obviously lose if we sell my flat to buy a family home as per the plan) with my husband covering our major expenses.

I also still look after my daughter one day a week and am the default caregiver any time she wakes in the night, there’s a nursery inset day or she’s off sick (which is a lot!). We are also talking about possibly having a second child, so I’m aware my earning potential might suffer more over the next few years, not least because I will be exhausted.

i think I’m also scared that our financial situations will get further and further apart and I’ll be constantly worried about how I can earn enough to give myself a decent safety net and/or that I won’t be able to keep up with the lifestyle my husband aspires to because I’ll be constantly trying to save!

The bills on a big house will be higher, as will the cost of living in the area his family wants us to buy. I also think I just don’t like the idea of owing only 1/5 of our family home. I guess I want to feel like equals and like a team and I also worry how I’d buy another home suitable for two children in this very expensive area (presuming they’d be at school there) if he ever left me.

It seems that with a Tenancy in Common agreement I also wouldn’t automatically get the house if my husband died, so I have a fear that should that if happened, my children and I could get kicked out of our family home if his parents decided to sell (I think this is very unlikely as they are good people, but it still makes me feel insecure).

Does anyone have any advice? Am I looking at this the wrong way? I want to feel happy and excited about the prospect of moving to a lovely new home together, but I just feel anxious and sad.

OP posts:
Donttellempike · 07/01/2025 17:39

BookGoblin · 07/01/2025 06:52

Marriage invalidates a tenants in common agreement.

But in any case, you can't buy a house under these circumstances as your husband clearly doesn't see you as equal if he is prepared to agree.

Tell him his family aren't having any input and make sure you protect your own earning power. This might mean he steps up more with childcare so you can focus on your career.

💯 this. A terrible basis for a marriage, which is meant to be an equal partnership.

Gazelda · 07/01/2025 17:49

I just want to feel an equal in our marriage and financially secure

You said this earlier today. If you said the same thing to your husband, what would his reaction be? Hopefully it would be enough for him to understand how this deal affects you and he'd immediately put a stop to it.

coldcallerbaiter · 07/01/2025 18:02

I think it is fair. It is his family money and they want him to have it in his share. The family don’t own part of the house because of it.

You live in a house you wouldn’t have been been able to live in without this money.

I would be interested in the marriage invalidates tenants in common viewpoints, Does anyone know if this is true?

Blanketpolicy · 07/01/2025 18:14

I would say thanks, but no thanks for the money gift. Even if it meant we had to buy something much smaller or not in an ideal location.

In the circumstances where it was dh's parents he would probably beat me to it with a no before I even knew about the offer, or any strings attached offer, as he would not tolerate someone trying to control our family decisions, and knows me well enough to know I would 100% be on the same page.

MyNewLife2025 · 07/01/2025 18:35

coldcallerbaiter · 07/01/2025 18:02

I think it is fair. It is his family money and they want him to have it in his share. The family don’t own part of the house because of it.

You live in a house you wouldn’t have been been able to live in without this money.

I would be interested in the marriage invalidates tenants in common viewpoints, Does anyone know if this is true?

What isn’t right is the idea that she should only receive the same % of the mortgaged part too. And they have to move where his family wants…. Never mind it’s much more expensive

Having said that most people live in a house they couldn’t afford wo their partners money! That’s why most people get a mortgage based on both incomes rather than just one. So as such, it’s a straw argument.

unsync · 07/01/2025 18:41

I'm not sure that selling your flat under these circumstances would be a good idea. Can you keep it and use it as an income stream. At least you would have a bit of financial independence and a bolt hole if it all goes pear shaped.

TwirlyPineapple · 07/01/2025 18:43

I wouldn't be happy in this situation, and would either want to reject their "gift" entirely and buy somewhere we could afford by ourselves, or at least make sure we were buying in a place where I could have a bigger share of the equity than you're talking about now.

And if I did go for using their "gift", I'd be doing it as a percentage of the value of the house rather than a straight up amount of money. So if they put £80,000 in and your house costs £400,000 then they're entitled to 20% of the equity back if you sell in future. Not £80,000 exactly, as this could leave you screwed if the house loses value.

Lampzade · 07/01/2025 18:48

Get legal advice Op

Mulledjuice · 07/01/2025 18:50

OnThisHarvestMoon · 07/01/2025 09:35

@NoSquirrels actually I believe Tenants in Common agreement is legally binding even if you are married. I.e. in the case of separation you both get back your pre agreed percentages.

My husband thinks this is a good deal for me. I get to live in a nicer house and we live mortgage free so I can save some of whatever I earn. My perspective is that he also is mortgage free and has the benefit of owning most of the house giving him ultimate control over where we live and greater financial security plus he has freedom to skyrocket his salary while he isn’t impacted by the limitations of having children.

It’s so frustrating because I don’t want his family’s extra money! I just want to feel an equal in our marriage and financially secure

Edited

So say No thanks.

His response is extremely disappointing.

You're MARRIED for goodness sake.

Mulledjuice · 07/01/2025 18:55

coldcallerbaiter · 07/01/2025 18:02

I think it is fair. It is his family money and they want him to have it in his share. The family don’t own part of the house because of it.

You live in a house you wouldn’t have been been able to live in without this money.

I would be interested in the marriage invalidates tenants in common viewpoints, Does anyone know if this is true?

OP is his family. She is is wife and the mother of his children.

Mulledjuice · 07/01/2025 18:55

And OP's husband has a career he wouldn't have if she wasn't taking care of his children!

Okki · 07/01/2025 19:06

DH and I own our house as tenants in common. We are married. HOWEVER, we own it 50/50. When we bought the house (6 years ago), we had to make wills because we were tenants in common. So, we left our half to our children, with a lifetime right of abode to the remaining spouse. Whilst I do totally agree with you about the inequality of the proposed arrangement, you wouldn't be left homeless if your husband left you a lifetime interest in the property and your children inheriting. Or he could leave you his share.

We chose tenants in common with our DC's as beneficiaries, so there was no chance our children could end up totally disinherited in the case of future marriage of remaining spouse.

comedia24 · 07/01/2025 19:18

No, two things would bother me - they shouldn't have any say in where or what you buy, this is nine if their business and they are overstepping

and,

your share of the equity outside of the deposit should be 50/50 as you are married.

If your dh wants to run finances as if you're not married, then he should've been clear on that before you had children and dropped a work day.

comedia24 · 07/01/2025 19:25

And I absolutely agree with what @caringcarer said. I see your dh will have most of the equity, no mortgage and a loving primary carer of his dc subsiding his career at the expense of their own whilst being constrained from benefitting from house price rises on an equal footing...yes, thanks but no thanks in laws!

coldcallerbaiter · 07/01/2025 20:16

MyNewLife2025 · 07/01/2025 18:35

What isn’t right is the idea that she should only receive the same % of the mortgaged part too. And they have to move where his family wants…. Never mind it’s much more expensive

Having said that most people live in a house they couldn’t afford wo their partners money! That’s why most people get a mortgage based on both incomes rather than just one. So as such, it’s a straw argument.

I agree that the dictation of location is an issue. However it is the parental money and if they want it, and I think OP very much wants it then they can accept or not.

How is it a straw argument? You can only borrow what they will lend you mortgage wise. What you can afford is also very much based on the deposit as well.

OnThisHarvestMoon · 07/01/2025 20:56

Thanks @Collaborate for the explanation. Does this hold even if my husband is an American Citizen? (just trying to work out why his family would be pushing for this if it doesn’t ultimately matter-they’re very smart and have apparently already hired lawyers)

OP posts:
OnThisHarvestMoon · 07/01/2025 21:06

@coldcallerbaiter honestly, I’m not sure I do want it. On the whole, I think I prefer owning 50:50 with my husband on a smaller property in the location of our choice and have expressed as much. My husband doesn’t see it this way, though. He is reluctant to turn down a big financial gift and the future benefits it could yield (which is obviously understandable!).

OP posts:
Twiglets1 · 08/01/2025 05:28

OnThisHarvestMoon · 07/01/2025 21:06

@coldcallerbaiter honestly, I’m not sure I do want it. On the whole, I think I prefer owning 50:50 with my husband on a smaller property in the location of our choice and have expressed as much. My husband doesn’t see it this way, though. He is reluctant to turn down a big financial gift and the future benefits it could yield (which is obviously understandable!).

Yeah I wouldn’t be turning down the gift if I was your husband. Just explaining that it is up to him & his wife where they want to live and not for the parents to decide.

Rachmorr57 · 08/01/2025 06:15

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Collaborate · 08/01/2025 07:27

OnThisHarvestMoon · 07/01/2025 20:56

Thanks @Collaborate for the explanation. Does this hold even if my husband is an American Citizen? (just trying to work out why his family would be pushing for this if it doesn’t ultimately matter-they’re very smart and have apparently already hired lawyers)

Your husband’s nationality doesn’t make a difference.

There’s some god-awful advice on this thread.

MyNewLife2025 · 08/01/2025 10:09

Collaborate · 08/01/2025 07:27

Your husband’s nationality doesn’t make a difference.

There’s some god-awful advice on this thread.

No but it probably explains (some of) the difference in attitude, simply because they’re used to a different system agd probably expect things to be quite similar in the U.K.

MyNewLife2025 · 08/01/2025 10:14

coldcallerbaiter · 07/01/2025 20:16

I agree that the dictation of location is an issue. However it is the parental money and if they want it, and I think OP very much wants it then they can accept or not.

How is it a straw argument? You can only borrow what they will lend you mortgage wise. What you can afford is also very much based on the deposit as well.

The issue is that it’s not a gift. It’s a gift with condition. And that’s entirely different.
Id be wondering what would come next. What condition would come and what leverage it would give them ‘we gave you this money so you can’t move now/you have to do X/tou can’t complain about Y’

I had a grand father like that. It’s a pain the arse to deal with.

Xiaoxiong · 08/01/2025 10:37

My parents tried to do something similar - gift us a big deposit to allow us to get a bigger house with a smaller mortgage, with it ring-fenced for me/the kids. At first I couldn't understand why DH was being so weird about it, it's just my parents trying to help us out! but it quickly became clear that they expected veto rights over our choice of house, location, etc. They also offered to pay school fees but the hook was there as well inside the bait - they wanted input into which school, what activities the kids did etc.

In the end I suggested they just keep the money, or if they really want to they could invest it in a college fund for the kids (your American ILs will understand the need for this). We bought a much smaller house in the place and location we wanted, and chose a school that we thought was best - we still asked their opinions but felt able to accept or reject as we saw fit. It's a bit harder financially just at the moment, but the feeling of living within our means and not having their control over our decisions is priceless.

changecandles · 08/01/2025 10:46

OnThisHarvestMoon · 07/01/2025 21:06

@coldcallerbaiter honestly, I’m not sure I do want it. On the whole, I think I prefer owning 50:50 with my husband on a smaller property in the location of our choice and have expressed as much. My husband doesn’t see it this way, though. He is reluctant to turn down a big financial gift and the future benefits it could yield (which is obviously understandable!).

Does the gift come with any other conditions? They may want an input into where what etc but you don't have to agree.

It may be that you owning 20% if something better is better long term than 50 % if something smaller if it jeans your share with rise more in real terms if not percentage over time.

And ultimately if you were to split his bigger share would still be taken into account when splitting assets. You could still end up receiving more if you are primary care giver.

TheYearOfSmallThings · 08/01/2025 10:52

No way. You are married, you have a child together, you both bring property to the table and are each selling up to fund the new house. You should buy a house in the location of your choice that will be owned equally both of you, and if your husband's family don't want to risk the possibility of divorce, they should keep their money and leave it to their son later in their will.