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Buying house with girlfriend who has a child

  • 19-03-2008 1:00pm
    #1
    corrcullen
    Registered Users, Registered Users 2 Posts: 52 ✭✭


    Just a concern I have, my mate is buying a house with his girlfriend, who had a child before they met.
    My concern is that, if the relationship doesnt work out and he wants to sell, will there be a problem due to the fact that she has a child?
    For legal purposes, will it be considered a 'family home' whereby he cant sell without her written agreement?
    Could he have a written contract before they buy, stating that if either want to sell at a later stage, that they may do so without the other parties consent?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    I think it only matters that they are not married, but he really needs to get proper, independent legal advice.

    While it is good to be careful, are you being too careful?


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Their solicitor should tell them all of this before they go ahead with the purchase.

    There are normally two types of purchase; Joint Tenants and Tenants in common. Joint tenants own a equal share of the property and one person cannot sell their share in the property without the other's consent. On the death of one joint tenant, the other joint tenant takes full ownership of the property.

    Tenants in common each own a share of the property (which may or may not be equal), which they can do with as they see fit. They do not have to consult the other before selling and in the event of death, their share passes to their next-of-kin. The problem is dividing up the share when one side wants to sell. Usually this involves either the other tenant buying out the seller or finding someone who will buy, or disposing of the entire property.

    The problem usually arises where one person (e.g. the man) owns outright the property that his wife/gf and child live in. He can be prevented from selling his property on account of the child living there. Likewise with tenancy in common, if one person wishes to sell their share and goes to court to force disposal of the entire propertym the court may prevent it on account of the child living there.


  • #4
    gurramok
    Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    seamus wrote: »
    The problem usually arises where one person (e.g. the man) owns outright the property that his wife/gf and child live in. He can be prevented from selling his property on account of the child living there. Likewise with tenancy in common, if one person wishes to sell their share and goes to court to force disposal of the entire propertym the court may prevent it on account of the child living there.

    Yes, its a minefield. Courts take the view of not throwing out the woman and child onto the street.
    If the child was not there, each owner would be still treated as equals as they have had contributed towards the mortgage in the % share.

    So its better to get that solicitor to advise as Seamus said and get that written agreement before buying especially with a child thrown in.


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