I Own Half a House What Are My Rights?

We often get asked the question “I own half a house what are my rights?”

Within this guide, we cover everything you need to know.

If you share a home with your partner, you will need to decide what to do with it if you get divorced. Whether you’re single, married, in a civil partnership, or own your house will affect your options.

The family house is frequently the largest asset the parties to a divorce have to support their separate future housing needs.

While it may be emotionally appealing for one side to keep the house, the degree to which this is actually doable depends totally on each unique situation.

The house cannot be viewed in isolation, and it is crucial that any discussions about the property take into account the provision for income and retirement.

You can obtain assistance coming to a resolution if you’ve already tried to do so with your ex-partner but are having trouble. Without resorting to Court, a specialist referred to as a “mediator” can assist you and your ex-partner in reaching a resolution.

If you’ve already decided that the marriage is beyond repair, contact Austin Kemp Solicitors to seek further help by emailing mail@austinkemp.co.uk or calling 0333 311 0925.

Who gets to stay in the house if we both own half?

You have the right of entry and the right of occupancy if you and your spouse are the property’s lawful joint owners up until the time that a financial order is granted by the Court. This means that unless there are specific conditions, such as a court order, you cannot be made to leave the property.

When a home is owned or rented in both names, both parties have an equal legal right to live there.

If there are any financial arrangements made after a divorce, they may specify things like whether the person who stays should pay for the other person’s share, whether the house will be sold and the proceeds split, or—possibly—whether a cohabitation agreement allowing the parent of the children should be permitted to live in the house up until the kids move out and then the house will be sold and the proceeds divided.

Access to the Marital Residence During Divorce

Even if the owner opposes it, the other person may still be allowed to reside in a home that is solely owned by one person. If the pair is married, the spouse who isn’t listed as the owner is nevertheless allowed to live there and “occupy” it.

Their Matrimonial Home Rights may be registered with the Land Registry. This will safeguard their ownership of the house up until the divorce is finalized. By then, the negotiations will have resolved what will happen to the property.

Home rights prevent a party from being forced to leave a property if they haven’t been able to financially contribute because, for example, they took time off from working to raise the kids.

When a couple is not married and only one of them “owns” the house or is listed on the lease, the other person may still be allowed to occupy it temporarily and/or have a claim on any equity since they have acquired an interest in it. Once more, it’s crucial to get professional guidance as soon as possible and before you leave because you might be able to stay.

Do I Still Have Rights if I Moved Out?

According to the law, each party is free to enter a piece of property that they jointly possess (i.e., is held in joint names by the two parties). This is true even if one of them moved out after they split up.

In lieu of showing up unannounced, it is preferable for the person who has moved out to notify their ex of any plans to return to the property, such as to retrieve personal possessions.

Regardless of who is the legal owner, the Court can take action to prevent one of them from entering the property again if they feel threatened or harassed by the other as a result of doing so.

What would happen if my ex changed the locks?

In television dramas, changing the locks can be a handy narrative device; however, if a residence is owned jointly, it may not have the desired result.

If a spouse who is locked out of their jointly owned house decides to “break in” to gain access, they won’t be charged with criminal damage.

However, there is a real possibility that this could spark further hostility as well as a breach of the peace, which could then result in police participation.

Before taking matters into their own hands, anyone who has been unable to enter their property because the ex changed the locks should get legal counsel.

What happens to the mortgage?

It is likely that you will have a shared mortgage if you jointly own your property. This implies that you are both equally and severally liable for paying it; as a result, the other will be accountable for paying it if one of you is unable or unwilling to do so. Even if one of you doesn’t currently reside in the property, this still applies.

If you and another joint owner have a mortgage, you cannot change the terms (such as the time frame for repayment or the amount borrowed) without the consent of the other joint owner.

If you and your ex-spouse are divorced, and both of your names are on the mortgage on your house, you both have to keep paying the mortgage until you come to a financial agreement.

Missing payments will affect your credit score, making it more difficult for you to obtain a mortgage in the future and, in the worst-case scenario, could result in the foreclosure of your property.

Another significant risk is making your ex-spouse pay your part for you because this could be used against you in a subsequent money dispute.

Selling a House Following a Divorce

Since the sales process might be lengthy, it is much simpler if you and your ex-spouse get along. Everything becomes a little clearer as a result. To reduce conflict, a spouse will frequently leave the marital residence during divorce procedures, but this doesn’t mean they give up any ownership rights to the property.

While some people opt to sell their home prior to a divorce settlement, the majority will do so once the divorce has been finalized. Therefore, it makes sense that some people would choose to leave before the sale. It gives you both time to decide how to divide the proceeds from the sale of your joint residence.

Keeping the House While Transferring Ownership

After the divorce is finalized, you may agree to retain the property in the family, possibly to ensure that your children can continue to grow up there or just because one of you wants to. If you choose to do this, you will have to put the property’s ownership into one person’s name, either yours or your ex-spouse’s.

If this situation arises, a qualified conveyancer can assist you in completing the transfer of equity. It’s crucial to keep in mind that your mortgage lender must concur. Additionally, the new sole owner must demonstrate their ability to pay the mortgage following the separation.

The joint borrower sole proprietor situation

These days, some lenders even approve of a situation known as “joint borrower sole proprietor.” In this case, the lender permits two borrowers to share the mortgage in order to make it more affordable, but only one of them is shown on the title deeds. This may be a good option for some people, but it should never be taken lightly since the borrower will still be responsible for the mortgage even though they do not actually own the house.

Buy out your ex spouse

You can try to buy out your ex-partner to get complete ownership of the marital house in a number of ways:

Come to an Amicable Agreement

You can try to come to an agreement where you pay your spouse a lump amount based on the share of the property they own if your marital residence is mortgage-free and you want to continue in your home after they go. They may be promptly deleted from the title deeds after payment has been received.

Remortgage in your name only

If you have a combined mortgage and want to buy out your ex-spouse, talk to your lender. The lender will likely conduct income and expenditure tests to ensure that you can afford the monthly mortgage payments based solely on your income.

The person departing will get paid for their portion as soon as the remortgage is finished, and their name will be struck from the title deeds.

Investigate Guarantor Mortgages

You can look for a guarantor mortgage if you’re unable to make your monthly mortgage payments on your own. A guarantor, typically a close relative, must agree to repay the loan if you are unable to do so before certain mortgage lenders agree to give you money.

Since guarantor mortgages aren’t very common, using a broker who can find you the best price is frequently the best option. An alternative that might be more appropriate is a joint borrower sole proprietorship model.

Types of Property Ownership and Implications for Co-Owners

As a co-owner of 50% of a property, you have certain rights and options when it comes to dealing with shared ownership. If you’re looking to buy out your ex-spouse’s share, there are several routes you can take.

One approach is to aim for an amicable agreement where you negotiate a lump sum payment based on their share of the property. This can lead to them being removed from the title deeds once the payment is made.

Another option is to remortgage the property in your name only, ensuring you can afford the monthly payments based on your income alone. As the owner of 50% of a property, you have rights and options when it comes to dealing with shared ownership. If you wish to buy out your ex-spouse, discussing with your lender is crucial. They may conduct tests to ensure you can afford the mortgage payments on your own. Once the remortgage is completed, your ex-spouse will be paid for their share and removed from the title deeds.

If you struggle to make monthly payments alone, consider a guarantor mortgage where a close relative agrees to repay the loan if needed.

Legal Procedures and Costs for Obtaining an Order for Sale

As the owner of 50% of a property, you possess specific rights and options regarding shared ownership. Should you decide to buy out your ex-spouse’s share, various routes are available. One option is negotiating an amicable agreement for a lump sum payment based on their share, leading to their removal from the title deeds post-payment.

Another alternative involves remortgaging the property solely under your name, ensuring affordability based on your individual income. Discussion with your lender is crucial in this scenario, as they may assess your ability to handle mortgage payments independently. As the owner of 50% of a property, you hold certain rights and options when it comes to shared ownership, which can include your family member’s involvement in the decision-making process. One way to take that first step on the property ladder is by negotiating a lump sum payment with your ex-spouse based on their share, potentially resulting in their removal from the title deeds upon settlement. Alternatively, you could opt for remortgaging the property solely in your name, ensuring that you can manage the monthly payments based on your income alone. Remember to discuss these options with your lender for guidance on next steps and financial implications.

Impact of Resident Dependents on Property Sale Processes

The presence of resident dependents can impact the property sale process, especially if they have a legal right to reside in the property. Any agreements or court orders regarding their rights must be considered before proceeding with the sale and ensuring an equitable distribution of the proceeds of sale. Consult legal counsel to navigate potential complexities and ensure a smooth transaction that respects all parties involved. As a co-owner of 50% of a property, you have rights and options in shared ownership. One avenue is negotiating a lump sum payment with your ex-spouse to buy out their share and remove them from the title deeds. Another option is to remortgage the property solely under your name, with careful consideration of affordability based on your individual income. Remember to engage with your lender for insights tailored to your situation.

When resident dependents are involved in a property sale, it can introduce complexities, especially if they have legal rights to reside there.

What are my rights if I own half a house in the UK?

As a co-owner of 50% of a property in the UK, you have rights that include the ability to negotiate with your co-owner to buy out their share through a deed of trust, potentially leading to their removal from the ownership of property title. You also have the option to remortgage the property solely in your name to help you get your first foot into the market, taking into account your individual financial situation. It’s important to seek guidance from legal and financial professionals for a smooth process tailored to your circumstances.

Can I be forced to sell my half of the house?

You cannot be forced to sell your half of the house without your consent, unless there are specific legal circumstances such as a court order or order of the court that mandates the sale. Your co-owner may seek a court order for sale under certain conditions, but it typically requires substantial evidence and legal proceedings to enforce such action. It is advisable to consult with legal experts to understand your rights and options in this situation.

I own half a house: what are my rights?

As a co-owner of 50% of a house, you have rights that enable you to negotiate with your fellow owner regarding buying out their share or potentially seeking an order of sale for the property. It’s crucial to understand the type of ownership of the property and your legal standing, and seek advice from professionals for guidance tailored to your specific circumstances. Remember that communication and legal clarity are key in navigating shared property ownership effectively.

Types of property co-ownership

There are various types of property co-ownership structures, each with its own legal implications and considerations related to joint ownership. Common forms include joint tenancy, tenancy in common, and partnership agreements. Joint tenancy typically involves equal ownership shares and rights of survivorship, while tenancy in common is generally regarded as the best way to allow for unequal ownership shares and individual inheritance rights, encapsulating what is often termed a common agreement. Partnerships involve co-ownership for business purposes, with shared decision-making authority. Understanding the nuances of each type of joint ownership can help co-owners navigate their rights and responsibilities effectively.

Joint tenancy

Joint tenancy is a form of property co-ownership where each owner has an equal share in the property and rights of survivorship. This means that if one owner passes away, their share automatically transfers to the surviving owner(s), with trustees overseeing this process, and this transfer can be seen as a legal disposition for beneficiaries. It’s crucial for joint tenants to understand and respect each other’s rights and obligations to ensure smooth co-ownership. Clear communication and legal advice can help in managing joint tenancy effectively.

Divorce and property FAQs

It can be challenging to understand your alternatives regarding your home during or after a divorce or separation, but it doesn’t make it any less crucial. The team of solicitors at Austin Kemp Solicitors is here to assist. Some of our most frequently asked questions are included below.

In a divorce or separation, is everything divided equally?

Many individuals have the misperception that, in the event of a divorce or separation, all assets between couples are divided equally. Although this ratio may serve as a starting point, courts have the discretion to deviate from it if they believe doing so to be fair and reasonable. This may be due to the need for child care, financial considerations, or the ability of each partner to generate money now and in the future.

Do both partners have to agree to sell the property?

If you want to sell a piece of property that you hold with a partner but they don’t, or vice versa, the individual who wants to sell may file a Division and Sale case in Court. The opposing party might ask the Court to divide the proceeds or buy the asset at market value or a price set by the Court.

If the other partner is unable to accept due to a medical condition or cannot be found, the Court may also sanction the sale.

Can I change the name on our mortgage to just me?

The process of converting a combined mortgage to a sole-name mortgage is called a transfer of equity. As the property and mortgage owner, you assign one partner’s rights and duties to the other.

You can apply to your lender for refinancing and transfer of equity if you and your partner are in agreement, and obviously, your mortgage lender is as well.

Is it possible to remove my name from the mortgage without my consent?

Without your consent, the mortgage cannot be changed to remove your name. You must sign to be released from the mortgage if the loan and the property are held jointly.

Even if you agree, your mortgage lender won’t let it happen until your spouse satisfies their usual lending requirements and is able to afford the mortgage on their single wage.

What is a notice of marital home rights?

This notice, known as a “marital home rights notice,” can be registered on the title deed to prevent a property from being sold or having a loan against it (second charge) without the consent of both owners.

Contrary to popular belief, a property with a marital home rights notice simply implies the new owner cannot occupy it or rent it out without the approval of the previous owners.

When a married couple decides to obtain a divorce or stop living together, the application is made by filling out a land registry form (FM1); as such, there is no need to be concerned.

The spouse who will continue to live in the marital residence is the one who must record a notice, not the other spouse.

Since the property is the marital home and both parties are eligible to file a claim under the 1973 Marital Causes Act, the non-resident spouse may still submit the notice even though their name is not recorded as an owner on the title deed.

Will the fact that my ex wants to keep the house and the mortgage is in my name prevent me from buying another one?

The simple answer is no; in fact, according to statistics, many men find themselves in this scenario after a divorce. Each lender has its own criteria for determining who is eligible for a mortgage.

The following is significant to the lender:

• the ability to make mortgage payments
• the applicant’s credit check

A mortgage will be offered if you meet the lender’s requirements.

It always pays to compare offers; in fact, some lenders have particular mortgage programs for borrowers who are still obligated to another mortgage.

Can we decide what happens to the house without going to Court?

Yes. What should happen to your marital house is something you and your partner can decide.

If you and your spouse are able to reach an agreement, you can ask the Court to impose legal obligations on you.

You can consider mediation if you can’t come to an agreement. You can ask the Court to make the decision if you still can’t come to an understanding.

How does the Court decide who gets the house?

If you have kids, the welfare of your kids will come first in the Court’s consideration of what should happen to your house.

They will make an effort to interfere in your child’s life as little as possible. This means that regardless of whose name is on the title deeds, the Court will frequently grant the right to remain in the home to the parent who is your child’s primary caregiver.

If there are no children involved in your divorce, the Court will attempt to reach a just conclusion while still safeguarding your spouse’s interests.

If you own half a house and want to know what your rights are in UK, please contact Austin Kemp Solicitors. To request a callback, contact us at 0333 311 0925, send an email to mail@austinkemp.co.uk, or complete the form on our website.