Originally published on 31st
January 2019 at 1:24 PM
There are a few reasons as to why you may want to still own a property or properties with your ex when you divorce. The most common reasons are:
- You have kids and want to keep the family home but one person can’t take over the mortgage in their sole name so they need their ex to remain on the mortgage agreement
- You don’t want to sell the property yet and would rather keep the property/properties as an asset
- You are earning rental income from the property/properties
Whatever your reason for wanting to remain owning the property/properties together, the important thing to know is that it is possible. You just need to be aware of the following steps/considerations:
- If you jointly own the property as ‘Joint Tenants’ you will need to swap to ‘Tenants in Common’ and confirm this with your mortgage provider
What’s the difference between ‘Joint Tenants’ and ‘Tenants in Common’?
Joint tenancy - two or more people share equal ownership of the property. The property automatically goes to the other owner(s) if you die regardless of what you may have put in your will.
Tenants in common - two or more people have ownership interests in a property. Each owner has the right to leave his/her share of the property to any beneficiary upon their death. You do not need to hold the property in equal shares.
- If you agree to continue to own property/properties with your ex, you should obtain a legally binding consent order. The order should set out who owns what percentage of the property, who is paying for what in terms of the mortgage and other outgoings and what are the trigger events for the property to be sold.
- If you continue to own property/properties with your former spouse there may be tax implications for you particularly if you go onto purchase another property whilst you continue to co-own with your ex. It is advisable to seek specialist tax advice.
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