Legal Advice For Married Couples Buying A Home


Even though individuals acquire their first homes in their early twenties, home ownership becomes more significant after marriage. For a more solid structure – who wants to relocate every 11 months, right? – Owning a home becomes critical. Not to overlook parental involvement to accumulate joint money and invest in a secure asset.

Because joint property purchases are simpler than solo purchases, married couples frequently plan their acquisitions based on emotional fulfilment rather than the legal or financial components of this costly transaction. We investigate the legal and economic implications of combined property acquisitions.

Who is the registered owner of the property?

This is most likely the first thing a couple should ask before embarking on the home-buying process. According to the law, the property is owned by the individual whose identity it is registered. Because freshly purchased property falls under the category of self-acquired property, the individual is legally free to dispose of it in any way. As a result, determine whether the property will be registered jointly or solo.

Who is taking out the mortgage?

A couple, like any other homebuyer, would be required to contribute 20% of the property value out of pocket, with the bank financing the remaining 80%, based on their qualification. 

Because a couple’s credit-taking ability is greater than that of a single person, couples can request for a larger loan amount. Therefore, this is where you must think about it.

if a joint loan is really essential. When it comes to a shared loan:

  • Regardless of your interpretation, all sides are contractually and financially obligated to pay the EMIs and the loan.
  • Both sides are debt servicers. As a result, the opportunities for new borrowing for other purposes are restricted.

Who will pay the deposit?

You must bring a minimum of 20% of the property’s value. When organising this money at home, no genuine calculations are done concerning each person’s part. This creates a legal and financial ambiguity. The property would remain to the person whose name it is recorded, regardless of who provided the down payment.

Who is going to pay the EMI?

Banks don’t mind who pays the EMI as long as it is paid. Couples may arrange that one side would pay the EMIs while the other will operate the home. It may appear simple, but from a legal and financial standpoint, it is not. In the event of future arguments, the individual responsible for home costs may receive the short end of the stick. They may not contribute to the EMI payment on paper, but they are jointly responsible for it.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.


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