Adding wife to house/ mortgage

Adding wife to house/ mortgage

Author
Discussion

Casa1862

Original Poster:

1,072 posts

165 months

Sunday 17th April 2016
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My fixed rate is coming to an end shortly, I wanted to add my wife at remortgage however I'm getting conflicting advise, from no problem or yes she can but wie'll have to pay stamp duty. Is this true even if married?

We are also applying for a joint btl mortgage tomorrow, now not sure if I should do it in joint names or just mine, either way it is affordable, my situation is a follows::

Main house/mortgage - in my name
Btl house/mortgage 1 - in my name
Btl house/mortgage 2 - applying tomorrow, can be either mine or joint.

My reason for transferring is I don't want any problems should something happen to me, I'd want everything to pass to my wife with minimum issue, would i be better off putting it in a will if too complicated, My ultimate goal was to end up with all three properties in joint names, no problems with trusting the wife before I get asked.

Thanks in advance

Sarnie

8,044 posts

209 months

Sunday 17th April 2016
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You'd need to post the figures involved to be able to decipher if SDLT is due......

Casa1862

Original Poster:

1,072 posts

165 months

Sunday 17th April 2016
quotequote all
Sarnie said:
You'd need to post the figures involved to be able to decipher if SDLT is due......
Thanks for the promy reply.

Main house/mortgage - in my name - value £475k mortgage £130k

Btl house/mortgage 1 - in my name - value £190k mortgage £117k

Btl house/mortgage 2 - applying tomorrow, can be either mine or joint. purchase price £142k, deposit £35500, mortgage £106.5k

Let me know if any more info needed, thanks

pkrplyr

285 posts

183 months

Monday 18th April 2016
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Hi casa,

If affordability is not an issue, then I would suggest there is no advantage putting any of the properties in your wife's name.
Unless of course you can reduce your tax liability.
With regards to your spouse inheriting everything without issue, she would automatically if you died without a will, it would be easier though if you did have a will...

tight fart

2,902 posts

273 months

Monday 18th April 2016
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I would have put the btl in joint names, gives you double the capital gains tax relief when you come to sell?

Casa1862

Original Poster:

1,072 posts

165 months

Tuesday 19th April 2016
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Seems difficult to find out if we'll get caught for the 3% additional SD, if so that's £1900 (on £65k)on our residential property, if it's only standard SD then £65k is below the threshold.

I'd certainly want my existing btl in joint names for the 2 x capital gains tax, agbut looks like we'll get caught for 3% stamp duty on that as well. Seems a bit unfair as SD has already been paid on all properties and no extra money has been exchanged.

JonV8V

7,215 posts

124 months

Thursday 21st April 2016
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pkrplyr said:
Hi casa,

If affordability is not an issue, then I would suggest there is no advantage putting any of the properties in your wife's name.
Unless of course you can reduce your tax liability.
With regards to your spouse inheriting everything without issue, she would automatically if you died without a will, it would be easier though if you did have a will...
Get a will. Nothing has been mentioned about potential children existing and assets listed are already over 250k.

UpTheIron

3,996 posts

268 months

Thursday 21st April 2016
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Casa1862 said:
Seems difficult to find out if we'll get caught for the 3% additional SD, if so that's £1900 (on £65k)on our residential property, if it's only standard SD then £65k is below the threshold.

I'd certainly want my existing btl in joint names for the 2 x capital gains tax, agbut looks like we'll get caught for 3% stamp duty on that as well. Seems a bit unfair as SD has already been paid on all properties and no extra money has been exchanged.
I can't answer the 3% question I'm afraid, but is SD is due then it will be on half the property value, not half the mortgage.

-edited to add: may not be correct despite agreement from far better qualified people, see below.

Edited by UpTheIron on Thursday 21st April 13:52

Casa1862

Original Poster:

1,072 posts

165 months

Thursday 21st April 2016
quotequote all
Getting so much conflicting info, however first time I've heard that half SD on the value of the property, general consensus seems to be half the mortgage. Last poster, what do you base this on?

Wish I had just done them at the time but was told no problem adding a spouse, removing much more difficult, doesn't seem to be the case.

Can I not gift half the property?

Sarnie

8,044 posts

209 months

Thursday 21st April 2016
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Casa1862 said:
Getting so much conflicting info, however first time I've heard that half SD on the value of the property, general consensus seems to be half the mortgage. Last poster, what do you base this on?
Because Stamp Duty is based on the value of what you are buying/transferring.........not the mortgage you using/being added to.

Think about when you buy a house, if it's £500k with a £100k mortgage.......the stamp duty is based on the £500k purchase price, not the £100k mortgage value.

Eric Mc

121,981 posts

265 months

Thursday 21st April 2016
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Because we have a whole raft of taxes which impinge on property transactions, it is increasingly becoming very difficult to ascertain what the best course of action to take is due to the impact of the various taxes.

At the moment we have

Basic Stamp Duty Land Tax (SDLT)
The SDLT 3% Surcharge on additional properties
Capital Gains Tax
Inheritance Tax (and related Gift Tax)

In addition, the following issues also have an impact

Marital Status of parties
Existence or not of a will

Casa1862

Original Poster:

1,072 posts

165 months

Thursday 21st April 2016
quotequote all
Sounds like I need to take advice, I'm certainly not paying SD on my residential home, half of £475k is several thousands, I mistakenly assumed it would be a common transaction to put a single name property in joint names, surly it must happen all the time when couples get married and want joint ownership of their home, do they all end up pay SD?

Eric Mc

121,981 posts

265 months

Thursday 21st April 2016
quotequote all
If the share is over the SDLT threshold.

BoRED S2upid

19,691 posts

240 months

Thursday 21st April 2016
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Unless things have changed in 4 years then all you need to pay is a lawyer to change the names on deeds we did it - wife came on my deeds I went on hers joint mortgages job done. Nobody is selling anything to anyone.

UpTheIron

3,996 posts

268 months

Thursday 21st April 2016
quotequote all
Casa1862 said:
Getting so much conflicting info, however first time I've heard that half SD on the value of the property, general consensus seems to be half the mortgage. Last poster, what do you base this on?
OP, as per others have since suggested... half the value of the property.

  • However* example 2 here: https://www.gov.uk/guidance/sdlt-transferring-owne... suggests otherwise. I'm very surprised at this (if accurate) as surely it is a massive loophole? Taking the example, what if the mortgage was for <£125k... no SDLT payable although the value of the share transferred is over the threshold? If it is accurate then it's interesting to me as it could make for some CGT avoidance.

Casa1862

Original Poster:

1,072 posts

165 months

Thursday 21st April 2016
quotequote all
UpTheIron said:
P, as per others have since suggested... half the value of the property.

  • However* example 2 here: https://www.gov.uk/guidance/sdlt-transferring-owne... suggests otherwise. I'm very surprised at this (if accurate) as surely it is a massive loophole? Taking the example, what if the mortgage was for <£125k... no SDLT payable although the value of the share transferred is over the threshold? If it is accurate then it's interesting to me as it could make for some CGT avoidance.
That is the very link I was about to post, my understanding was that if standard rate SD applied then half of the remaining mortgage £65k would not attract SD. Worst case, if 3% rate applied then I'd get my mortgage down to £80k, and miss additional SD as wife's share was £40k. Now that I'm being told it's on the value of the house then that throws the plan out, in any case that was my valuation, surly in a case like mine they wouldn't expect me to instruct a professional valuation to get the correct amount to pay, Doesn't sound right to me.

Also, on the link it mentions no SD if gifted, I'm not expecting any money so is that not a gift?

Thanks for all the info by the way.


Edited by Casa1862 on Thursday 21st April 14:16

Casa1862

Original Poster:

1,072 posts

165 months

Thursday 21st April 2016
quotequote all
BoRED S2upid said:
Unless things have changed in 4 years then all you need to pay is a lawyer to change the names on deeds we did it - wife came on my deeds I went on hers joint mortgages job done. Nobody is selling anything to anyone.
This is what I was told!!

Sarnie

8,044 posts

209 months

Thursday 21st April 2016
quotequote all
Casa1862 said:
BoRED S2upid said:
Unless things have changed in 4 years then all you need to pay is a lawyer to change the names on deeds we did it - wife came on my deeds I went on hers joint mortgages job done. Nobody is selling anything to anyone.
This is what I was told!!
Just because cash isn't being exchanged, the person being added is gaining a property, therefore that gain is taxed via SDLT.........

BoRED S2upid

19,691 posts

240 months

Thursday 21st April 2016
quotequote all
Do you need her to take on half the mortgage? Gift her half, name on deeds mortgage in your name seems to tick the boxes. I can see if half the mortgage has to be in her name how that could be her buying half your house.

Casa1862

Original Poster:

1,072 posts

165 months

Thursday 21st April 2016
quotequote all
Sarnie said:
Just because cash isn't being exchanged, the person being added is gaining a property, therefore that gain is taxed via SDLT.........
I understand that but what is the SD based on, house value which some here seem to suggest or the mortgage as the government link seems to suggest? I've even asked an accountant and he's not too sure, particularlary if 3% or standard rate will apply. Must be thousands of people in my situation wanting to add partners so they have joint ownership.

I can't find a number for HMRC to ask them, they just refer you to there website, anyone got a number?