Buying a house together and then splitting up problems.

[Sleepyhoglet]

My mum is about to buy a property with her boyfriend. They have not been together very long and it may not be a wide decisions. I need some advice to help protect her.

They plan to buy a property (probably outright) with approx 60/40% shares and she will have a higher stake, although they may buy it 50/50. She will see a solicitor so her assets are protected and it is clear how much interest she has. I am not worried about that.

I am worried that if they decide to split up her assets will be locked away in the property and because they will own it jointly she won't be able to force a sale. Is that correct? She is entitled to do as she wishes, but I think it is likely they will break up and she will want her money back. Will this be tricky?

Please help!

As far as I understand it if she buys as a tennant in common, rather than a joint tennant, she can force a sale and also have her own stake protected. The Solicitor needs to draw up a deed of covenant or similiar to state what proporation of the house is owned by each party. As I understand it it is important that she buys as a tennat in common because otherwise should she die her half of the house will automatically revert to her bf. As tennants in common she can leave her specified stake directly to any beneficiary she chooses, or she can leave it in trust to you, with a clause saying he can live in it during his lifetime, for example. She should do her will at the same time.

As tenants uncommon you can specify that non of the owners can force a sale when you do the land registry thing as that's what we've done, so i suspect you could do the opposite to allow either to decide to sell. Her solicitor should be able to add a clause in stating that I'd have thought if needed.

mmmmmmm, it is tricky though - you CAN force a sale - but it is hard to force a price..... those arguments can go on for years.....

Surely they could have some agreement drawn up where they both agree to sell the property to a third party (ie one of them can't buy the other one out at a stupid price) if the relationship ends? They could stipulate a period of xx months to get it on the market at a price that is the average of xx number of local estate agency valuations? You could even add a clause saying that whoever remains in the house during the marketing period is responsible for its upkeep and keeping it in a condition likely to promote a sale - ie, clean and tidy for viewings and so on.

We had a deed of trust drawn up for our first house before we were married - this specified exactly what would happen if we broke up or one of us died.