Is this possible - Stamp Duty?
Is this possible - Stamp Duty?
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fizz876

Original Poster:

3,122 posts

232 months

Wednesday 24th March 2010
quotequote all
Ok I am currentley looking for a house with my fiancee. In light of the new stamp duty changes on houses below 250k for first time buyers I have some questions.


1) I have never taken out a mortgage so far and neither has my fiancee. I am however a joint owner on a house that my parents purchased as a investment which I have never contributed too.

From what I have understood this will disqualify me for the stamp duty relief. Is this correct?


2) If I am disqualified as above would it be possible to purchase a house with only my future wife (who has never owned a property before) being the owner but at the same time having a joint mortgage?

If this is allowed then would we qualify for the Stamp Duty Relief?

Edited by fizz876 on Wednesday 24th March 18:33

SimonV8ster

12,849 posts

250 months

Wednesday 24th March 2010
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Blimey, difficult topics today scratchchin

Fittster

20,120 posts

235 months

Wednesday 24th March 2010
quotequote all
fizz876 said:
2) If I am disqualified as above would it be possible to purchase a house with only my future wife (who has never owned a property before) being the owner but at the same time having a joint mortgage?
Even if it's possible would it be a good idea? I'm sure every one who gets married thinks it's forever but it don't always work that way.

chevy-stu

5,392 posts

250 months

Wednesday 24th March 2010
quotequote all
Better to post this in finance I'd have thought..

mybrainhurts

90,809 posts

277 months

Wednesday 24th March 2010
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....WHAT?

fizz876

Original Poster:

3,122 posts

232 months

Wednesday 24th March 2010
quotequote all
Fittster said:
fizz876 said:
2) If I am disqualified as above would it be possible to purchase a house with only my future wife (who has never owned a property before) being the owner but at the same time having a joint mortgage?
Even if it's possible would it be a good idea? I'm sure every one who gets married thinks it's forever but it don't always work that way.
Hehehehe ...I was waiting for someone to say something along those lines and your right that it all could go wrong but am willing to take the risk...

Besides I was under the imppresion though I may be wrong that these days if you're contributing towards the mortgage then even if you dont have your name on the house, that you still have certain rights.

Deva Link

26,934 posts

267 months

Wednesday 24th March 2010
quotequote all
Change your name by deed poll so you won't show up in the Land Registry search.

I always wanted to be Jensen Interceptor, but your intended may not want to be called Mrs Interceptor.

fizz876

Original Poster:

3,122 posts

232 months

Wednesday 24th March 2010
quotequote all
chevy-stu said:
Better to post this in finance I'd have thought..
MODS - I have also posted this in 'Finance' so please feel free to move this or delete this thread.

SJobson

13,584 posts

286 months

Wednesday 24th March 2010
quotequote all
Simple answers:

(1) sadly this disqualifies you from benefitting from the exemption if you are at all mentioned on the title. You could, in theory, be the beneficiary under a trust and not on the legal title and you may still count as a first time buyer. More detail required.

(2) you can't get a mortgage in joint names when only one of you is on the title. Potentially you could buy it just in her name, with just her name on the mortgage - this is an obvious way round the problem, particularly for married couples where a notice can be put on the title protecting the spouse's interest.

therealpigdog

2,592 posts

219 months

Friday 26th March 2010
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SJobson said:
Simple answers:

(1) sadly this disqualifies you from benefitting from the exemption if you are at all mentioned on the title. You could, in theory, be the beneficiary under a trust and not on the legal title and you may still count as a first time buyer. More detail required.

(2) you can't get a mortgage in joint names when only one of you is on the title. Potentially you could buy it just in her name, with just her name on the mortgage - this is an obvious way round the problem, particularly for married couples where a notice can be put on the title protecting the spouse's interest.
can your wife raise the necessary mortgage on her own? Check with the mortgage company that they won't want you to sign away your rights mentioned above (some do, some don't).

How much stamp duty would you be saving? not worth it imho as the risk is too great. I'm in a similar situation but just got to suck it up (I'm very nervous about buying property with someone else having lost a fortune last time round).