Family Home or Not?

Discussion in 'Issues arising from joint mortgages' started by TX1, Apr 20, 2017.

  1. TX1

    TX1 Frequent Poster

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    If a home is purchased with another person and subsequently one later marries and has children. Can that person protect a sale of the property by way of the FHPA?
     
  2. mf1

    mf1 Frequent Poster

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    "Can that person protect a sale of the property by way of the FHPA?"

    Your post is incomplete. It is not clear what the overall context is.

    Do you mean that one of the joint owners does not want to sell? And is throwing out random but meaningless blather for not doing? Or is living in the house with children and husband and thinks somehow that the FHPA means that you just say FHPA and POOF the house cannot be sold or repossessed because its a FH?

    Or something else?

    mf
     
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  3. TX1

    TX1 Frequent Poster

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    The latter. Co owned home. Neither owner resides there as rented out. Both owners now have new relationships with children. One owner wants to move back in with partner and child. Other wants to sell. The one who wants to move back in has no alternative accommodation. Can the one who wants to move back in prevent a sale as they are arguing that it may be protected by the FHPA and any sale would render them effectively homeless and unable to purchase another property.
     
  4. Thirsty

    Thirsty Frequent Poster

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    Were Joe and Mary married to each other?
     
  5. mf1

    mf1 Frequent Poster

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    "Can the one who wants to move back in prevent a sale as they are arguing that it may be protected by the FHPA and any sale would render them effectively homeless and unable to purchase another property."

    Nothing to do with anything. The FHPA is not a cure-all or cure anything for this situation. They may as well call on the Man in the Moon. The biggest issue is getting them to engage - if they won't engage, won't sign anything, won't agree to the sale etc.,etc the other owner can't sell without them. That is how they prevent the sale.

    mf
     
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  6. TX1

    TX1 Frequent Poster

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    Thx MF. I undertand that if they do not agree then it cannot be sold. However, if the other went to court to force a sale would the fact that they are married, have a child and have no alternative accommodation prevent a sale until the child reached an age of 18 as per the FHPA. Is the property considered a family home despite being owned jointly by a third party?

    Thirsty - A and B bought a home and rented it out after breaking up. A and B did not marry each other or have children together. A subsequently married C and had a child. B entered a non marital relationship with D and also had a child. A and C now want to use the property as a family home despite co owning it with B. Hope that makes sense.
     
  7. Thirsty

    Thirsty Frequent Poster

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    IANAL

    Ok so I would think a lot hinges on how Joe & Mary bought the house - it would either be as Joint tenants or tenants in common.

    If they were not married to each other I don't believe the property can be the family home within the meaning of the act.

    Their secondary relationships aren't relevant here in my view.

    Unless they want years of grief ahead of them it would make more sense to sell up and take the money. Or have one party buy out the others share.