Mortgage with Sibling to buy out their partner

Laura123

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Hi, looking for some advice. My sibling is splitting up with their partner. My sibling can't afford to buy the partner out of their share (approx €50k) when mortgage is cleared. The partner isn't able to buy out my sibling either. Sibling is 51 and can only get mortgage approval for approx €150k. They will have their share of approx €50k from the sale - €150k + €50k = €200k. The options for buying are obviously very limited with €200k and I was thinking of getting a joint mortgage with them to buy out the property they are currently living in. I'm thinking that a mortgage of €250k would be able to get them out. I'm in a much better position financially, I have my own home, stable good job and I have less than 10 years left on my mortgage (I'm 45). I wouldn't be looking to move into the property. The sibling would take over the full mortgage payment and I would step in if needed.

1) Will any of the banks look at this option of myself and my sibling
2) Is there anything substantial that I am not taking into consideration?

Thanks
 
there anything substantial that I am not taking into consideration
There are so many posts over the years where family fall out over these well-intentioned arrangements.

That would be my number 1 reason for not getting into this.

Am I reading this correctly that sibling needs to give former partner 50k to buy out their share? How many years left on mortgage?
 
Laura

I don't follow your numbers so am guessing at the following:

Could you confirm them or correct them?

Value of house : €300k (?)
Outstanding mortgage : (€200k) (?)
Equity : €100k - i.e. 50k each.

So your sibling wants to buy a house for €300k funded as follows:
Equity : €50k
Mortgage: €250k
Total : €300k

But they can only get a mortgage of €150k
 
Next question, if the bank will give you a joint mortgage, should you do it?

Yes, of course, you should.

There is a risk that it might cause a problem with your sibling. You might fall out. They might not pay their mortgage and you would have to pay it or your credit rating would be destroyed.

But that must be balanced against the risk of not doing. Your sibling can't afford to buy a house and will have to sell up.

So if you can afford to help your sibling buy a house, you should do so.

You need a strict written agreement with them.
What happens if they can't meet the full repayments? You have to step in but they owe you the money.
Who owns the house? They own the house 100% and owe you the money or do you own the house 50/50?
What happens if your financial circumstances change and you need out of it? They agree to sell the house.
 
Will a bank lend you the money?

I don't know.

It's not simply substituting your name for their partner's on the mortgage.

Your sibling is buying one half of the house for €150k.
They will be getting a new mortgage for €250k

You will be on the mortgage but not the title deeds. Not sure if the bank will go for this.

One of the new lenders like Nua might be more open to it.

So go to a mortgage broker.
 
Another option if the above does not work out, is for you to remortgage your home for another €100k and lend it to your sibling.

That is messier but a last resort if the other does not work out.
 
Hi Brendan, yes your figures are correct. House is currently valued at €300k, mortgage left €190k (€300k - €190k = €110k) They would each get €50k in this scenario. I'm not sure how many years are left on their mortgage. I don't know if I'm being over simplistic but my thinking was as follows:-

€190k - mortgage currently left
€50k - give to partner (they would leave with their share, name off deeds and they're no longer on mortgage/affiliated with mortgage)

My sibling and I would approach mortgage broker for approx €250k. My sibling would be paying back the full mortgage payment and they'd own the house 100%. I'd be a "guarantor" for missed payments. They'd have some options with renting out rooms etc. There's a child involved also and they could downsize when the child reaches 18 or goes to college, if they wanted to. This way the child would stay in their home, it's a nice area and close to the child's school.
 
Hi Danny, they are not married. Going through the process of separating at the moment. Child maintenance not determined yet. Both have solicitors. At this moment in time, the house has to be sold as neither can get mortgage on their own due their ages/value of house etc.
 
the house has to be sold
There are other possible solutions.

The child maintenance could be traded against the equity buy out of 50k.

Or some lenders will accept court ordered maintenance as income and include it for mortgage calculations.

What about pensions / savings etc?

Incidentally, nothing is settled until everything is settled.
 
Thanks Danny. It's a tricky one at the moment. My sibling is the primary caregiver and I would expect that this will continue for a number of years. My sibling and their ex are still living in the house and they are going to mediation (no confirmed date yet) to agree separation details etc. My hope was to have an offer for the ex partner at this mediation that they might agree to.. As regards pensions, my sibling has one, ex partner doesn't. My sibling probably has small savings (maybe €10k), ex partner has none
 
Hi Clubman. no - it's not a civil partnership. They are both living in the same house at the moment with the child. Solicitors are involved to deal with separation
 
The sibling would take over the full mortgage payment and I would step in if needed.
What you actually want to do, it seems to be, is to be a guarantor — you will be liable to make the repayments if and to the extent that the primary borrower fails to. You'd be offering yourself as an additional security to the lender — if the borrower defaults, as well as being able to look to the mortgaged property for what is due to them, the lender could look to you.

But I think that's unlikely to be acceptable to a lender. Lenders don't want to have to enforce securities; they take comfort from having them in case the borrower defaults, but they prefer the borrower not to default, and they generally won't lend to someone who they think can't service the loan, no matter how good the security offered.

So, instead, you are proposing to be be a co-borrower. You and your sibling will be jointly liable for the full amount of the loan; how you handle that between yourselves is a matter for the two of you but the bank doesn't care. The bank should assess the loan application on the basis of whether, between you, you and your sibling are likely to be able to service the loan.

But the bank will still be leery of the arrangement. The loan will be used to purchase a property for your sibling alone — you will have no share in it. They'll be aware that you think of your position as being akin to a guarantor, more than a borrower. They'll also be aware that you are borrowing your share of the loan effectively to pass it on to your sibling, which will leave your sibling servicing a larger loan than they reckon your sibling can comfortably do. So they'll be looking at the possiblity of having to take action against you to recover a loan that was avanced to you but that you, personally, derived no benefit from. If they recover the money from you, the upshot would be that your sibling ends up owning the house free and clear, you end up paying for part of it; you have a claim against your sibling, but no security — you don't have a mortgage over the property. Those proceedings will foreseeably get very messy as you, e.g., join your sibling in the proceedings and argue that it would be fairer if the bank enforced its mortgage rather than looking to you. Banks don't like mess.

I agree with Brendan. This is definitely a case where you should use a mortgage broker, who can advise on how to present this to potential lenders in the most favourable light.

You and your sibling should also discuss, and reach agreement on, what happens if, God forbid, the bank does come looking to you and you have to pay out money. What are your sibling's obligations to you in that circumstance? How, if at all, are they to be secured? You and your sibling need to get this in writing before the loan is drawn down. I think you will need a solicitor to help you think through this and document it properly.
 
So your sibling wants to buy a house for €300k funded as follows:
Equity : €50k
Mortgage: €250k
Total : €300k

But they can only get a mortgage of €150k
The 40k could be traded for reduced child maintenance.

I think you are suggesting that in exchange for the partner paying child maintenance, that the sibling would hold onto the equity in the house?

So, it now becomes
Equity: €90k
Savings: €10k
Mortgage €200k
Total €300k

But her max mortgage is €150k on her own.

What might work is the following.

They agree
1) Ex pays no or reduced maintenance
2) Ex waives their interest in the house
3) Sibling takes on responsibility for the full mortgage

It should be noted that although the sibling takes responsibility for the full mortgage, the ex's name will still be on the mortgage, so they will be responsible for all payments if the sibling doesn't make them. And if the sibling goes into arrears, ex's credit record will be damaged.

This could well be the starting point for negotiations. But Ex will probably reject it.
 
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