See how different co-ownership scenarios affect decision-making and risk. Based on real-world examples from the article.
Thinking about buying a house with a friend, sibling or partner? The idea of sharing the price tag can sound great, but it also comes with a hidden downside many first‑time buyers overlook. Below we unpack the biggest drawback of joint ownership and give you practical ways to protect yourself.
When two or more people hold title to the same property, they are in a joint ownership a legal arrangement where each co‑owner holds an undivided share of the whole property. In everyday language it’s often called “co‑ownership”. The most common forms are joint tenancy where owners have equal shares and a right of survivorship - if one dies, the other automatically inherits the whole and tenancy in common where each owner can hold a different percentage and can bequeath their share to anyone in a will.
The single most painful downside of joint ownership is the loss of unilateral control over the property. Every major decision - refinancing, major repairs, renting out rooms, or selling the house - usually requires the consent of all owners. If even one co‑owner objects, the whole process can stall, cost you money, or force a legal battle.
Because the title is shared, you can’t unilaterally sign a new mortgage or refinance without the other(s) signing as well. Lenders treat a jointly‑owned property as a single borrower - mortgage lender the financial institution that provides the loan to fund the purchase may require all owners to meet credit and income standards. If one co‑owner’s credit drops, the whole loan can be at risk.
Emma and Liam, both 28, bought a two‑bedroom townhouse in Auckland as tenancy in common each holding a 50% share that can be passed on separately. Two years later, Liam lost his job and fell behind on his personal credit cards. The bank placed a lien on the property to recoup the debt. Emma, who was still making mortgage payments, suddenly faced a reduced equity value and a possible forced sale. Their situation illustrates how a single co‑owner’s financial trouble can jeopardize the other’s home.
Before you sign the co‑ownership agreement a legal document outlining each party’s rights, responsibilities, and exit strategy, consider these steps:
Feature | Joint Tenancy | Tenancy in Common |
---|---|---|
Right of Survivorship | Yes - surviving owners automatically inherit the deceased’s share. | No - share can be bequeathed to heirs. |
Ownership Shares | Equal shares required. | Unequal shares allowed. |
Transfer of Interest | Cannot sell your share without all owners’ consent. | Can sell or gift your share independently. |
Impact on Estate Planning | Often bypasses probate. | May trigger probate for the transferred share. |
Typical Use Cases | Spouses, domestic partners. | Friends, business partners, investors. |
The biggest joint ownership disadvantage isn’t the cost or the paperwork - it’s the fact that you give up the ability to act alone on your biggest asset. By understanding the legal structure, drafting a solid co‑ownership agreement, and planning for the unexpected, you can keep the benefits of sharing a purchase while protecting yourself from the pitfalls.
In a joint tenancy you cannot sell without everyone’s agreement because the property is owned as a whole. In a tenancy in common you can sell your individual share, but the buyer will become a new co‑owner, which may still need the other owners’ approval for major decisions.
If the ownership is a joint tenancy, the surviving owner(s) automatically inherit the deceased’s portion, bypassing probate. With tenancy in common, the deceased’s share passes according to their will or intestacy rules, often requiring probate.
While you can draft a basic agreement yourself, a solicitor familiar with property law can ensure the document covers credit, tax, inheritance, and dispute‑resolution clauses that protect both parties.
All owners are listed on the loan, so the lender looks at each person’s credit score, income and debt‑to‑income ratio. A weak credit score from any co‑owner can raise the interest rate or even cause the application to be declined.
It can be helpful for affordability, but first‑timers should weigh the loss of control and plan for future changes. A clear co‑ownership agreement and a realistic exit strategy are essential.
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