February 3rd 2025.
Breakups are never easy. The emotional toll can be overwhelming, but when you add in the stress of selling a home, things can get even more complicated. From fighting over possessions to figuring out living arrangements, moving out during a breakup can be a difficult and emotional process.
Splitting from a partner is never easy, but it becomes even more complicated when there is a home to sell or a tenancy to move out of. This is the situation that @Difficult_Gate_2194 found herself in after her separation from her partner. She planned to sell their family home and split the profits, but her ex-partner refused both her offer to buy him out and her offer to sell the property.
In a Reddit thread on r/HousingUK, @Difficult_Gate_2194 shared her frustration, stating that she and her partner had recently separated and she wanted to sell the home in order to move on with her life. She also mentioned that their three children would be living with her after the separation. She explained that her partner had taken out an Individual Voluntary Agreement (IVA) in his name two years ago due to a gambling addiction, which resulted in a lot of debt and an inability to make loan repayments.
Now, @Difficult_Gate_2194 was trying to come to an agreement with her ex-partner about selling the property, but he was refusing to cooperate. He claimed that the courts couldn't make him homeless, so she would have to leave and find somewhere else to live. This didn't seem fair to her, as she would be struggling while he got to stay in the family home, all because of his irresponsible financial choices.
In an effort to find a solution, @Difficult_Gate_2194 offered to buy her ex-partner out of the property and give him £20,000, which would be half of the equity they would each receive if they sold the home. However, he refused this gesture as well. He explained that he would struggle to rent anywhere due to his poor credit, and the £20,000 would have to go towards his IVA debt. The company managing his IVA also stated that they would take 85% of any profit he made from selling his share of the property, which was the reason he didn't want to sell.
This situation raises the question of whether there are any precautions couples should take when buying or renting a property together, in case of a future breakup. According to Alex Brereton, a partner at Hunters Estate Agents, planning for a potential mid-tenancy split may not be the most romantic thing, but it's worth considering. He suggests negotiating a break clause at the beginning of the tenancy to avoid being stuck in a lengthy contract that you want to get out of. He also reminds couples that tenants' rights only apply to those named on the tenancy agreement, which can cause issues for those who move in with their partner and are not added to the agreement, leaving them with no rights to stay in the property after a breakup.
When buying a property together, the stakes are even higher. It's important to have a plan in place for how the property will be divided if the relationship ends. The legal starting point is for the home to be registered jointly, with both names on the deeds. In this case, each person would receive 50% of the property and half of the net proceeds upon its sale. However, this may not work for everyone. Alex acknowledges that in some cases, one person may have contributed significantly more to the purchase price or mortgage payments, making a 50/50 split seem unfair. To avoid this, couples can enter into a Declaration of Trust, which outlines how any unequal financial contributions will be handled if the relationship ends.
For married couples and civil partners, the situation is different. In the case of a property being owned outright by one person, if it was lived in as a family home, it could be considered a matrimonial asset and divided equally in a divorce. To avoid this, couples can enter into a pre or post-nuptial agreement, stating that the property will remain the sole property of the owner, regardless of its use as a family home.
The process of navigating property woes during a breakup can also have an impact on a relationship. As sex and relationships expert Rhian Kivits explains, it can cloud our perceptions of the relationship's ending. It can be challenging to watch your ex-partner move out and adjust to living alone. Additionally, if both parties are unable to afford to move out until the property is sold, they may be forced to cohabit for longer than they would like. This can be emotionally challenging and can prevent them from moving on. It can also cause issues if one or both parties start dating someone new.
The issue of dividing possessions can also add strain to an already difficult situation. It's important to communicate and come to an agreement about who gets what. Using financial power to hurt or punish your ex-partner is not productive and can lead to resentment and conflict. It's also crucial to be cooperative during the selling process, whether that means preparing the house for viewings or agreeing on how to handle the practicalities of selling.
In conclusion, breakups are never easy, and when a home is involved, things can become even more complicated. It's important to have a plan in place for how the property will be divided if the relationship ends, whether you are buying or renting. It's also crucial to communicate and be cooperative during the process to avoid further strain on the relationship.
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