Birdnesting: a guide to a very modern living arrangement

Birdnesting has been back in the press this year, thanks to an unlikely source. When the then Deputy Leader of the Labour party was caught not paying enough stamp duty, it was her birdnesting status that caught her out.

Birdnesting isn’t a property term that everyone will be familiar with – or ever will be – but it could be on the radar of separating parents. In the case of Rayner and many other families, birdnesting allows parents to live apart but keep continuous living arrangements for their children.

The process of birdnesting mimics a nest, where the chicks stay in one place and the parents fly in and out, providing shared care. When it comes to humans, birdnesting can be settling during an often turbulent time as the children keep their same routines, school places, friends and surroundings.

It’s up to the parents to decide how much time each parent spends in the ‘nest’ but a key principle is that the other parent lives away while the other parent is in residence. This is where some expert property and legal advice is essential. If only Angela Rayner had taken full counsel.  

If the family nest is owned by the couple separating, an agreement needs to be made about where the outbound parent stays. There are two schools of thought:

• Each parent makes their own living arrangement, staying in separate properties so they have their own space

• Only one alternative residence is secured, with each parent taking turns to stay there when the other one is in the nest

While some parents choose to stay with family or friends when they’re not in the nest, many require the practicality of their own home. Angela Rayner’s birdnesting agreement saw her buy a property to live in when she was away from the family home. 

As she was technically already the co-owner of the nest, her second property in Hove was considered ‘additional’ and attracted a higher stamp duty levy – a tax that was not paid at the time of purchase.

It's a lesson that can be learnt by all birdnesting parents – if you co-own the main family home and choose to buy another property in which you’ll live, you will pay additional stamp duty. Additionally, capital gains tax will also be due when one of the homes is sold. For this reason, many parents choose to rent an alternative property for when they’re not in the nest. 

Legal experts who have mediated in separations where birdnesting is practiced commonly say it makes a good temporary arrangement. The stability, however, can be so calming that some co-parents continue birdnesting until their children have, well, flown the nest completely. 

Because of this, we should touch on property ownership and practicalities. If the nest is owned as joint tenants and one parent dies, the deceased's share automatically transfers to the surviving owner. This may not be the desired outcome if there is a separation. A tenancy in common may be more suitable, with each parent able to own a specific share of the property and leave their share, if they die, to a beneficiary of their choice.

Legal advice should also be sought if there is the formality of divorce on the horizon: quite often a family home needs to be sold as part of a settlement. This may become a pressing issue if one of the parents meets someone new and wants to make a fresh start or remarry.

Birdnesting also needs both parents to be on the same page practically, or the arrangement can fall apart. A general consensus is required when it comes to bills. Consider how utilities, council tax, insurance premiums and even mortgage repayments are split, especially if one parent stays in the nest more frequently than the other. And there will need to be ground rules around cleaning, maintenance and house guests.

If you have sought legal advice and are considering birdnesting, please contact us for available properties that would make suitable second residences.