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Telford Solicitors Conveyancing

Buying a Property in Staffordshire or Shropshire with a Partner

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When buying a house with your partner, there are a two different types of ownership that can be picked based upon which circumstances suit you best.

This gives you the option to protect your legal interest in the property in the fairest way.

Joint Tenancy

The first (and most common) type of ownership you can choose when buying a house with your partner is to own as joint tenants. This essentially means that you both own the whole of the property equally, rather than a specific share. This also means that the person who survives the other automatically inherits all of the property on their partner’s death. The partner who passes first cannot leave any of the property to anyone other than their partner, however the partner who survives is free to leave the property to whoever they choose.

This option seems appealing, but means that in the case of couples separating in unforeseen circumstances, there may be arguments about who contributed more to the property when it was purchased. It would also leave you unable to leave your share of the property to children from a previous marriage or other family members.

Tenants in Common

The second type of ownership that you can choose when buying a house with your partner is Tenants in Common. If one of a couple is contributing significantly more to the purchase price than the other (for example a 75-25 split) then they may wish to have this recognised. This can be done by owning the property as Tenants in Common. Each of the couple’s shares would be individually and separately owner. One method of detailing how the shares I your home are owned is by way of a Declaration of Trust, which is a legal document setting out the contributions to the purchase of the property and how the shares in the property are owned.

Tenancies in Common are also flexible and can be altered if one of the parties is able to make more of a contribution to the purchase of the property later on in life. Someone’s share can go from 25% to 50% for example.

Owning as Tenants in Common each person is able to leave their share of the property to whoever they wish upon their death. This is particularly useful should you wish to leave your share in the property to children from a previous marriage or other family members.

It is important to note that should you own a property with your partner as tenants in common then you should also look to put a Will in place.

When buying a house with your partner it is important to ensure that you consider the best type of joint ownership for your circumstances and, if necessary, to take the necessary legal advice to ensure your intentions are properly reflected.

If you are buying a house in Staffordshire or Shropshire, please do not hesitate to contact us to obtain a quote or discuss your matter further.


For further information, please e-mail us or call 01785 223440