You say you have a joint ownership agreement. Does it say anything about buying out the other person?
I presume that it's an SVR mortgage and not a tracker?
If you had contributed equally to the deposit, and made equal repayments up to now, then it would be very simple to calculate each person's equity - €380k -€280k = €100k/2 = €50k.
Does the fact that your partner is paying rent change that? If he is paying a market rent which happens to be the same as half the monthly repayment, then probably not.
You and your partner will require mortgage approval of €330k, so you will need around €100k of joint income between you. I presume you don't have that. I am not sure why the new mortgage regulations wouldn't apply, but it wouldn't make sense for the bank to lend you more than 3.5 times your salary anyway.
If you don't qualify, would your brother and his partner qualify? If she has cash, they won't need to borrow €330k.
The simplest thing would be for whoever can afford it, to buy the other out.
If you want to retain a stake in the property market, you could reverse the present arrangement and let your brother and his partner move into the house. You move out but retain your stake. A bit messy, but it would keep you in the market.
What is your combined income? Why don't you and your partner apply for mortgage approval on the basis that you are selling the house and will have paid off the mortgage? That will tell you what you can afford. If you can't afford a house for €380k, maybe you can buy a house for a bit less. Maybe your brother will help you by "overpaying" for your share of the current house.
Brendan
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