Buying a Property with Your Parents
While this can work well, it’s a good idea to consider some of the issues which may arise before you go into it. Nigel George partner in charge of the Estates department explains more.
In this age of “generation rent,” buying a property with your parents may seem to be one way of resolving the problem. You may also be considering this option due to having an elderly parent who can no longer live on their own. You have agreed with them that pooling your resources to buy a property together is the best way to address this issue.
While inter-generational property purchases can be successful, it is important to consider some of the issues that may arise as a result.
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Ownership of the Property
The first point to consider if you are buying a property with your parents is who will own the property. If both generations are to have their names on the title deeds, it is necessary to consider in what percentage each party owns the property. This ensures clarity and fairness regarding ownership shares.
Parents can often be capital-rich and income-poor, whereas children are more likely to be income-rich but capital-poor. This may mean that the children’s share of the purchase price comes from having a mortgage on the property.
Where this arises, it’s important to consider who is going to be responsible for the mortgage payments. You also need to consider what is to happen if the mortgage falls into arrears due to either ill health, unemployment or the death of the major wage earner. Death or major disability arising through accident or illness is probably addressed by way of term assurance. While such insurance can be fairly clear-cut following death it is less so concerning ill health. Your Financial Advisor must give you clear advice as to the circumstances in which the policy will and will not pay out.
The sale of the property
Having just purchased the property, you may not be contemplating its sale. It is important, however, to consider under what circumstances the property can be sold. This can particularly be a point of contention for an elderly parent. They will have been persuaded to sell their home under the understanding that the new property purchased is where they will spend their remaining years. Consideration needs to be given as to whether either party would be entitled to exercise any right of veto over the sale or if there would be a limited period before a sale could take place. There should be a clear agreement on the circumstances in which the property can be sold to avoid any future disputes.
Repairs and Improvements
All properties over time will need repair. One way of avoiding moving home can be to extend the property. What is to happen if one party wishes to build an extension and the other one does not? How will the building of any extension be financed? If it is going to result in the need for a larger mortgage to be taken out, is that mortgage sustainable? How will the construction of any extension affect the shares in the property?
If construction work is being carried out by a child directly, it is important to consider how this effort is reflected in the ownership of the property. Both parties should agree on the value of the construction work. The agreed value of the construction work can be added to the child’s share of the property.
Who can live in the property?
Relationships form and break down. What happens if an elderly parent forms a new relationship and wants their new partner to move into the property? Similarly, if a single child has purchased a property with an elderly parent and then forms a relationship, can that partner move in? What if that partner has children?
Again, the question of who can live in a property and whether either party has a right of veto is something to think about at the outset.
Death of the parent
What is to happen following the death of the parent? In the situation where there is an only child, there is probably little difficulty. However, what about the situation where there are several siblings who all share in the parent’s estate? How, in those circumstances, are the other siblings meant to receive their inheritance? There are several potential scenarios which can be considered:
- The property is sold, and the other children receive their share of the parent’s estate.
- Regard is given to the fact that the child living with the parent has taken on the responsibility of caring for that parent. As a result, the other children receive a smaller proportion of the parent’s estate. It may be that the smaller share can be paid by raising further mortgage finance on the property.
- The child living in the property is given two to five years to continue living there. This allows them time to rearrange their housing requirements or raise further mortgage finance.
- Other siblings receive a smaller sum. This may consist of whatever cash assets the parents have left. All parties acknowledge that if the parent had gone into care, most, if not all of their cash would have gone in care home fees in any event
Conclusion
Buying a property with your parents can be successful. However, all parties must go into the matter with their eyes open. There should be a written agreement in place that addresses the rights and responsibilities of all parties. Hopefully, the agreement will never be called upon. In its absence, however, any dispute that arises can be an expensive and time-consuming matter to resolve. An agreement can also help manage the parties’ expectations from the outset.
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