In circumstances where there is a non-owning cohabitant with an owner (solo purchaser on mortgage) and the family home declaration is signed by both for the bank would that hinder them if the non-owner ever wants to buy a property as a first-time buyer? Or is it better for the family home declaration to be sworn as “single”?
If the non-owning cohabitant meets the definition of the term “cohabitant” as set down in Section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, the Family Home Declaration will have to be drafted on that basis and to include that non-owning cohabitant; the owner cohabitant can no longer be classified as single. In such a Declaration the non-owning cohabitant will be specified as the 'non-owner cohabitant' for the avoidance of any doubt. Any non-owning cohabitant looking to purchase a property in their own name should not be prejudiced as a result. However. this is subject to the terms of any first time buyer scheme at that time which may take into account any equitable interest they might have in a property.
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