- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Looking to Buy a Property with Your Partner?
Hey guys and gals, I’ll try and keep this as short as possible thanks in advance.
Myself and my partner are looking at buying a property together soon after living in a rental for a few years. We’re planning on an equal deposit each and split the mortgage repayments straight down the middle.
My partner has a child aged 8 from a previous relationship and recently a work colleague told me that if we were to do this together and then separate for whatever reason (I couldn’t imagine it, but I guess we never know what the future holds) that until her child was 18 I’d have no legal standing to insist we sold the house and split the money.
I was wondering if any of you redditors have any knowledge of this as I’m struggling with my searches to find anything about this. Just to clarify we’re in a very happy relationship and we’re both excited about the future together. But I don’t want to put my life savings in to this only to be back at square one financially if the worst were to happen.
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****** just grabbed a
This is a classic ‘it depends’ legal question.
If two people own a house together and one wants to sell and the other does not, then the one that wants to sell can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996.
The court has to consider a number of factors under section 15.
https://www.legislation.gov.uk/ukpga/1996/47/section/15
One of the factors is the welfare of any minors who reside at the property.
So theoretically, a sale can be blocked if it would be detrimental to the welfare of a child that lives there.
However, this is not the sole consideration, and if the parent of that child can provide adequately for the child with the proceeds of sale, then it won’t necessarily be an overriding consideration.
If you want a clear view of the risk, then you should discuss this with a solicitor.
Your colleague is wrong.
You’re not married and even if you were, her staying in the house till the kid is 18 is still not right (automatically) but the needs of a the kid of the family would be considered in split of assets (thats at a tangent, not relevant for yours facts)
If you’re not married, then if you’re both on the title as joint owners or tenants in common in equal shares then it’s 50/50 and you can apply to the courts to force a sale.
Thankyou, I appreciate you taking the time to explain that!
Again thankyou. That’s a very good explanation of what I asked, and has helped massively with understanding how it all works. Thankyou Reddit, you’ve been great yet again 🥳