If you are buying a property with someone, it is essential that you choose the right structure for your purchase. There are two main ways to purchase a property with other people. They are Joint Tenancy or Tenancy in Common.
Tenancies in Common and Joint Tenancies allow people to co-own a property. However, they are set up in slightly different ways and have different rules.
In a tenancy in common agreement, two or more people can hold an interest in a property. Typically each person owns an equal share; however, each person can hold different shares.
Each person owns a separate share in the property and is entitled to leave their share to chosen beneficiaries in a Will. If you do not have a Will, your share will pass to your nearest living blood relatives according.
There are certain situations where a tenancy in common is more suitable than a joint tenancy.
With a joint tenancy, when one partner dies, the property is automatically given to the surviving owner. Tenancy in common allows you to leave your share to other beneficiaries in your will.
Tenants in common can have different percentages of ownership interest in a property. This can be useful if one person puts in a significantly higher deposit than the other.
Joint tenants are registered on the same deed at the same time. However, you can obtain an interest in a property at any time after the other co-owners initially set up the tenancy in common.
A tenancy in common is often a great way for family and friends to co-own a property. However, there are a few potential problems that you should be aware of before you decide to go down this route.
You can change from a joint tenancy or sole owner to a tenancy in common at any time.
To make the change, you undergo a “severance of tenancy’ and send a form to HM Land Registry’s Citizen Centre. There is no charge for the change. However, if you want a solicitor, conveyancer or legal executive to do this, you will have to pay their fees.
You may want to change from joint tenants to tenants in common if you divorce or separate from your partner and want to leave your share of the property to someone else.
If you want to know more about your mortgage options, give us a call on 0203 0111 898 to speak to one of our advisors.