Couple intending to marry buying as Tenants in Common

[mbtraining]

Hi,

Myselft and my partner are buying a second hand property together. My solicitor keeps pushing that we buy as joint tenants but seeing that I am paying for half of the house with cash (from investment property that I just sold) should it not be done as Tenants in common. We are planning on marrying soon so not sure if this makes a difference but I want to make sure that if the relationship were ever to break down that I get back what I put in. I know it's very negative to start off married life with this but my parents separated and things can get really nasty so I would just like to secure my future as it would be very hard for me to start all over again in the property market as I now have a child(with future husband)and my financial situation has changed as I can only work part time now. Another query I have relating to this is about my partners son from a previous relationship. Has he any entitlements? Myself and my partner would like to buy as tenants in common and then Will the property to each other incase of death....Can we do this and what are the negatives, i'm just wondering why my solicitor seems so against it?
Any advice would be much appreciated.

 

[nelly]

if you cannot get a plain english answer from your solicitor maybe you need to find a new one.

 

[December]

Have you asked your solicitor why they are so against it? Give them a call to discuss your wishes.

The solicitor will follow your instructions, but might advise you differently, but you really should be fully informed.

 

[Swallows]

I am not a solicitor and I have been in a house where we owned it as tenants in common. But let me just point out something, if anything happened to one of you, the other person would be left owning half a house. You might then find yourself homeless if the house has to be sold. This could happen if the next of kin was the beneficary. Even if the other half of the house was left to the surviving partner someone could contest the will. One of the partners might have a secret child ( did you see the papers last week?) all sorts of scenarios could surface. It is a pity that the solicitor did not explain why he thought it a good idea to buy as joint tenants. This means that you both own the house and on the first death the surviving partner then owns all the house.Dont put all your money into the house if this is not what you wanted.Try and put equal amounts each it is the fairest way. Of course you partners son has entitlements, he is his next of kin.