Purchasing a home as a couple has made our split more complex.

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February 9th 2025.

Purchasing a home as a couple has made our split more complex.
Breaking up with someone is never easy, and it can become even more complicated when you have to deal with selling a home. The process of moving out during a breakup can be emotionally taxing, from deciding who gets to keep the Le Creuset pan to who has to sleep on the sofa until the sale is finalized.

Separating from a partner is hard enough, but when there's a house involved, things can get even more complex. This was the case for @Difficult_Gate_2194, who planned to sell their family home and split the proceeds with her ex-partner after their separation. However, her ex refused her offer, as well as her alternative suggestion of buying him out.

In a post on the r/HousingUK Reddit thread, she wrote, "We decided to separate recently, and I would like to sell our home to be able to move on with my life. We have three children and all three will live with me following the separation. We bought the property four years ago, and two years ago, my partner took out an IVA (Individual Voluntary Agreement) in his name."

She went on to explain that her partner had gotten himself into debt due to a gambling addiction, and now he couldn't afford to make the repayments. Despite her efforts to come to an agreement, he refused to sell the property, stating that the courts wouldn't make him homeless.

The Redditor also shared that she had offered to buy him out and give him £20,000, which was half of the equity they would each gain if they sold the property. However, he turned down her offer, saying that he would struggle to rent anywhere due to his credit.

This situation brings up an essential question – is there something couples should know about buying or renting a property together that could protect them in case of a future breakup? According to Alex Brereton, a partner at Hunters Law LLP, planning for a mid-tenancy split might not sound romantic, but it's worth doing.

He advises negotiating a break clause in the tenancy agreement to avoid being stuck in a lengthy tenancy that you want to escape. He also reminds tenants that their rights only apply if they are named on the tenancy agreement, which can cause issues for those who move into their partner's rented property and aren't added to the tenancy agreement.

When it comes to buying a property together, the stakes are even higher. Alex emphasizes the importance of having a plan in place for how the property would be divided in case of a separation. While the legal starting point is for the home to be registered jointly, each partner would receive 50% of the net proceeds upon its sale. However, this may not be fair for everyone, so Alex suggests creating a Declaration of Trust to record how any unequal financial contributions would be treated in case of a breakup.

For married couples and civil partners, the situation is quite different. Alex explains that if one partner owns the property outright, the other could still be entitled to a share in it if it was used as the family home. To avoid this, couples can enter into a pre or post-nuptial agreement to protect their assets.

Aside from the legal aspects, navigating property woes during a breakup can also impact the relationship. As sex and relationships expert Rhian Kivits explains, the process of moving out can cloud our perception of the relationship's ending. It can be challenging to adjust to living in the property alone or cohabiting with your ex-partner until the house is sold.

Rhian advises against using your financial power or position to hurt or punish your ex-partner and suggests being cooperative during the house sale. This may include cleaning for viewings, taking turns being at home during viewings, and agreeing on how to manage the selling process. If cohabiting for a longer time is necessary, she recommends communicating and establishing ground rules to respect each other's space and privacy.

In the end, the most important thing is to do your best to stick to what's been agreed upon and respect each other's feelings. Breaking up is never easy, but with proper communication and understanding, navigating the property aspect of a breakup can be less stressful for both parties.

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