How to calculate buying someone out of a house UK

How to calculate buying someone out of a house UK

Buying someone out of a house: everything you need to know

Buying someone out of a house can be a complex process, but with the right guidance, it doesn’t have to be. Once you’ve ascertained the size of your respective shares, our conveyancing solicitors can handle the legal process for you.

How does buying someone out of a house work?

The legal term for buying someone out of a house is called a transfer of equity. The money you and your co-owner have invested into your house via mortgage repayments (or, if you bought outright, the purchase monies) is referred to as “equity” – hence, when you buy someone out of a property, their share of the equity is transferred to you in exchange for a sum of money. First things first, you’ll need to work out what their share of the property is, and that will usually depend on whether you own your property together as joint tenants or as tenants in common. Buying, selling or remortgaging? Use our online conveyancing quote calculator to obtain an instant conveyancing quote.

Understanding Joint Tenancy VS Tenancy in Common

When buying a property together with someone else in the UK, you will either hold the property as joint tenants or tenants in common. The difference between these two options is whether or not you own specific individual shares in the property. Joint tenants do not own separate shares, have equal rights to the property and share responsibility for mortgage payments. If one tenant died, their legal interest in the property would be transferred to the surviving tenant(s) regardless of what their Will or the rules of intestacy would otherwise dictate. Alternatively, tenants in common own distinct, separate shares in the property and are only responsible for their own respective share of the mortgage. Tenants in common do not have to own equal sized shares in the property, and if one tenant dies, their share will be transferred in accordance with their Will or the rules of intestacy. Usually, when homebuyers purchase a house as tenants in common, they will confirm the shares each tenant owns in a tenants in common agreement. When a tenant wants to sell their share in the property, they will know exactly how much their share is worth and selling their share will be relatively straightforward. For joint tenants, it’s not quite as simple. It isn’t possible for a joint tenant to sell their share in a property, so the joint tenants would need to sever their joint tenancy first. When a joint tenancy is severed, each tenant will usually be given an equal share in the property – for example, if there are two joint tenants, they will own a 50% share each. However, as is often the case, one or both tenants may not feel it is fair for ownership to be split equally, for example if one party has paid more towards the mortgage and property expenses. The tenants will need to determine between themselves how much each party will respectively own.

The Process of Buying someone out of a house

Here’s a rough step-by-step guide of the steps you would normally take when buying someone out of a house.

Obtain a valuation of your property

An up-to-date valuation of the property will be necessary to work out a fair price to pay for your co-owner’s share.

Speak to your lender

If you have an outstanding mortgage, you will need a redemption figure of your mortgage to find out how much equity you have in your property. You will additionally need to obtain consent from your lender before buying someone out of a property, as you will become responsible for their share of the mortgage payments as well. Your lender may require you to complete an affordability check before they will agree to the transfer to ensure you can afford the repayments without your co-owner’s support.

Ascertain each party’s share of the equity

Your total equity will be the total value of your home minus your outstanding mortgage figure (if applicable) – for example, if your home was worth £400,000 and you had £150,000 left to pay on your mortgage, the total equity in the property would be £250,000. Once you know how much equity is within your home, you simply calculate what percentage of this each tenant owns to ascertain how much their share is worth. Using the above example, if the owner selling their share owned a 50% share in the property, their share would be worth £125,000.

Instruct a solicitor

Your solicitor will complete the necessary paperwork on your behalf, then register the change in ownership with the Land Registry. It is important to instruct a knowledgeable and experienced solicitor for your transfer of equity to ensure the transfer is completed as quickly and as easily as possible. Additionally, if you have a mortgage over your property, instructing a lender panel conveyancing solicitor helps keep the process moving quickly as your conveyancer will be able to act on behalf of both you and the lender. We are on the lender panels for all major high street lenders including Barclays, HSBC, Halifax, Nationwide, NatWest and Santander – see the full list of our Lender Panels here.

 

FAQs

Can a Joint Mortgage be transferred to one person?

You can have your current mortgage transferred into your sole name, but your lender will need proof that you are able to afford the mortgage repayments without the income from your co-owner. They will likely require you to undergo another credit check before they will agree to transfer the current mortgage into your sole name. Thinking of Remortgaging? Click here for a free online remortgage quote.

How much does it cost to buy someone out of a house?

Aside from the cost of your co-owners share, you will need to factor in the following costs when buying someone out of a house:
Land registry fees: Once your co-owner has been taken off of the property’s title, an application will need to be made to the Land Registry to update the register for your property. The precise cost will depend on the value of your property and can be found on the Government website.
Conveyancing fees: You can obtain an instant online conveyancing quote in just a few clicks. Our online conveyancing quote provides an estimate on all fees we would anticipate to be payable when buying someone out.
Stamp Duty Land Tax (SDLT): you may need to pay stamp duty land tax when buying someone out of a property in some circumstances. If you have an outstanding mortgage over the property, you will usually need to pay stamp duty land tax based on the amount of the outstanding mortgage – unless you and your co-owner are a divorcing couple. In this event, the remaining owner will not need to pay any SDLT. If there is no outstanding mortgage over your property, there will not be any SDLT to pay.

How can I finance buying someone out of a house?

Buying someone out of a house is seldom cheap. However, there are ways you can fund the purchase, such as:
Remortgaging: You can raise funds and switch to a mortgage with lower repayments. Get an instant remortgage quote here.
Personal savings: When you buy your co-owner out of the house, you will become the sole owner of your property (or at least obtain a larger share, if there are other remaining co-owners), which could be a good way to invest your savings in the long run – though it is important to ensure you will have enough kept aside for unexpected expenditures.
Bank loans: There are secured and unsecured loan options available aside from mortgages that you may be eligible for, depending on your credit score. However, if you have a mortgage over your home, you will need to be able to afford both your mortgage repayments and the additional loan repayments.

How long does it take to buy someone out of a house?

That will depend on the situation between yourselves and your co-owner(s). If you own the property as tenants in common and your co-owner is eager to sell their share, the entire process can take as little as 4 weeks if there are no other delays. On the other hand, if you own your property as joint tenants and you or your co-owner believe your shares should not be equal, the process will take a lot longer.

Do I need a solicitor to buy my co-owner out?

You will need a conveyancing solicitor to complete the transfer of equity on your behalf, and to register the changes with the Land Registry. If you have a mortgage, you will also need a solicitor on your chosen lender’s conveyancing panel to liaise with your lender and obtain their consent for the transfer of equity on your behalf. You may also need to instruct a solicitor if you and your co-owner(s) are joint tenants and cannot agree what size of shares you should each own in the property. Our property dispute solicitors can provide pragmatic, detailed advice on your current position and help you obtain the highest share in your property as possible.

Do both parties need a solicitor for a transfer of equity?

Technically, only the party buying the other out needs to instruct a solicitor to complete the legal part of the transaction. However, it is highly advised that both parties instruct a solicitor regardless to ensure that all parties involved understand how the process will work. If you and your co-owner have severed a joint tenancy and cannot agree on what your respective shares should be, both parties should instruct legal advice.

Can I force the sale of jointly owned property?

If you co-owner can’t or won’t buy you out of the property, you may be feeling stuck being forced to pay for a property that you do not want or that is causing you financial strain. In this situation, you’ll need to apply to the Court for an order of sale. When considering your application, the Court will factor in:
Whether any children live at the property
Whether your co-owner can afford to buy you out of the property
Why the property was purchased in the first place – if the purpose of the property has failed (for example, if you and your co-owner are divorcing spouses and the house was to be a family home), the Court is more likely to grant an order for sale
Our experienced property dispute solicitors can help you make your application to the Court and help you achieve a favourable outcome.

How Starck Uberoi Solicitors can help

Our conveyancing solicitors have received law society accreditation in recognition of the high quality services we provide and are on the lender panel for the majority of high street lenders, including Barclays, Halifax, HSBC, NatWest, Nationwide and Santander. We provide premium services at competitive rates, with a client-focused approach. If you are also looking for legal support with a divorce or dissolution, our family solicitors can help you with all aspects of the separation process. To book an appointment with a member of our team, call 020 8840 6640 or email solicitor@starckuberoi.co.uk.

Our family law solicitors in Brentford advise on divorce, separation and arrangements for children, with further family teams at Ealing, Belgravia, our family law solicitors in Pinner, Richmond upon Thames and Canterbury, Kent.

Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our London offices.

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