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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter and her boyfriend bought a house together and the

Customer Question

My daughter and her boyfriend bought a house together and the mortgage is in both their names. He has now decided that he does not want to be in the relationship and has moved out. If they sell the house they would have to pay approx £10k early repayment charge. My daughter wants to stay living in the house and we were going to pay back the deposit the boyfriend paid on the house so that it would just be hers. However he can't be taken off the mortgage as she can't afford to pay it on her own. But a solicitor said that we could have a declaration of interest drawn up to state that he would have no say profit in house even though his name would still be on mortgage. My daughter wants to get a lodger that would pay the other half of mortgage bills etc.
However, he is now saying that he doesn't want the deposit money back and that he wants to keep paying a mortgage on the house if his name has still got to be on it and that he wants all the money that a lodger pays per month.
We feel though that if the house if equally owned by the two of them that they should get half the rent each from the lodger. Is this correct?
He can use it towards his half of mortgage and my daughter can use it towards the bills.
Please can you help?
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If there is a lodger, or if the property is sub-letted then they would have a right to share the profits in proportion to what their share of the title is on the property - so if it is as joint tenants then it should be 50-50.I hope this assists you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Thank you for your prompt reply. Would he be liable to pay half the buildings insurance and for any major repairs too?
Thank you
Expert:  Harris replied 1 year ago.
If he wishes to receive income from tenants or lodgers then he should be liable for a share of all the costs.
Customer: replied 1 year ago.
Thanks again for such a prompt reply. The stress of this is really getting to me!
Does the above still apply if my daughter is still living in the house? She would carry on paying her half of the mortgage and use what she's gets from the tenant to help towards the household bills.
Would it be better for all parties to get a declaration of interest drawn up so that he has 0% interest in the house even though his name is ***** ***** the mortgage. She would then put it into her sole name when her wages increase and the bank allows it.
Customer: replied 1 year ago.
Apologies - I meant declaration of trust
Expert:  Harris replied 1 year ago.
It would be in her interest for a declaration of trust to be in place identifying him as having a 0% share as then she can limit his involvement in the property.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
If we draw up a declaration of trust to say that he no longer has 0% interest in the property and we pay his mortgage contributions would he be able to get another mortgage in the future - his name would still be on mortgage but he'd have no financial commitment to it. Thank you
Expert:  Harris replied 1 year ago.
It is difficult to confirm this, as he would still have his name on another mortgage, and to the current mortgage company he would still be liable for the mortgage, therefore this may impact his chances of obtaining a further mortgage and he would need to meet any affordability and criteria that the new mortgage company has.

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