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Joint Mortgage taken out by unmarried couple

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  • Joint Mortgage taken out by unmarried couple

    Asking for a friend - When she first met her partner, my friend had just received a financial settlement following divorce and her new partner was broke. Friend cleared new partners debts and a new house was bought with a mortgage in joint names. They have 2 children together, one of whom is still in education. Their relationship has now ended, She assumed that if anything happened to her ex partner she would automatically be entitled to the house, I said I imagined, but not certain that his share of the house would go to their kids as his next of kin as they weren't a married couple. Will someone please be kind enough to clarify the position. Thank you
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  • #2
    Do you know if your friend has a joint mortgage with her ex partner and whether they own the property as joint tenants or tenants in common?

    Please read the article "First Time Buyers Guide: Buying a House as an Unmarried Couple" at www.kitsonboyce.co.uk

    Owning the property as joint tenants means the surviving partner becomes the sole owner

    Owning the property as tenants in common allows each joint owner to leave their share in their will to a named beneficiary or beneficiaries.
    If the owner does not leave a will, their share passes under the rules of intestacy

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    • #3
      Your friend needs to consider the position if anything should happen to her first. Does she want "her share" to go to her ex?

      Wouldn't she do better to ensure that the title to the property is held as tenants in common, and also to update her will if necessary?

      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

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