division of property/joint tenancy in a relationship split

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date
division of property/joint tenancy in a relationship split Piggy 07-19-2007
Posted by Piggy on July 19, 2007, 5:02 am
my significant other and i (unmarried) bought a condo a few months ago
but now it looks very possible that we will be breaking up. i would
most likely be the one to move out but this will definitely not happen
for at least one more year, even if we were to officially separate
tomorrow. we are joint tenants and share everything evenly in terms of
finances and how we contribute to the household.

any recommendations or advice about how to fairly divide the value of
a property under joint tenancy in this situation?


Posted by joetaxpayer on July 19, 2007, 8:21 am
Piggy wrote:

> my significant other and i (unmarried) bought a condo a few months ago
> but now it looks very possible that we will be breaking up. i would
> most likely be the one to move out but this will definitely not happen
> for at least one more year, even if we were to officially separate
> tomorrow. we are joint tenants and share everything evenly in terms of
> finances and how we contribute to the household.
>
> any recommendations or advice about how to fairly divide the value of
> a property under joint tenancy in this situation?

Is there a mortgage? If so, you want to get off of it, which may require
the 'other' to refinance.
Has the property changed in value that much over a few months? I'd doubt
it. You should get back your portion of the downpayment, plus any amount
you paid to mortgage principal.
If the refinance is needed, you might want to account for part of that,
since the sale of your half to the partner saves you a sales commission,
which would happen if you forced a sale.
My only strong warning is to not leave your name on the mortgage, that
can turn into a large problem for you.

JOE


Posted by Thumper on July 19, 2007, 4:30 pm
wrote:

>my significant other and i (unmarried) bought a condo a few months ago
>but now it looks very possible that we will be breaking up. i would
>most likely be the one to move out but this will definitely not happen
>for at least one more year, even if we were to officially separate
>tomorrow. we are joint tenants and share everything evenly in terms of
>finances and how we contribute to the household.
>
>any recommendations or advice about how to fairly divide the value of
>a property under joint tenancy in this situation?


See a lawyer. I know many people are adverse to seeing a lawyer but
doing anything without one can cost you big time.
Thumper


Posted by PeterL on July 19, 2007, 4:30 pm
> my significant other and i (unmarried) bought a condo a few months ago
> but now it looks very possible that we will be breaking up. i would
> most likely be the one to move out but this will definitely not happen
> for at least one more year, even if we were to officially separate
> tomorrow. we are joint tenants and share everything evenly in terms of
> finances and how we contribute to the household.
>
> any recommendations or advice about how to fairly divide the value of
> a property under joint tenancy in this situation?



Sell it and split the proceeds.


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