Buying a house with equity belonging to dad’s property?

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Clear as mud, I know!

So, the scenario:

Dad bought a property for us to live in as tenants, as we weren’t able to get on the property ladder ourselves due to redundancy and property market crash.

As much as we’ve tried to get enough deposit together to buy the property off of him, we’ve realised we’ve outgrown the house and so would want to put it on the market. The local area has become too expensive for us to buy another home, so are looking to relocate to another area where we can get something twice the size for £100k less.

Numbers- wise:
Dad bought the house for £170k, we’ve paid him rent to cover the mortgage since. House now valued about £400-450k.
Property we’re looking at is £320k, so plenty of equity released.

However, I can’t get any mortgage in my name as I’ve been part-time for so long and changed jobs fairly frequently (due to redundancy and maternity leave) so it all has to be in hubby’s name. He hasn’t a lot of debt he wants to clear with the proceeds of the house sale.

In order to get a mortgage offer, (really dumb question sorry!) would we need to have sold our current house, that has all the equity so we can release the deposit, or are there lenders out there who agree mortgages in principle if we get written confirmation from dad about releasing part of the equity to us?
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Comments

  • YHM
    YHM Posts: 650 Forumite
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    So your deposit is coming from a gift from your father? You can submit an application based on that, just bare in mind that the equity will need to be released by your father before you complete.

    How will he release the equity? By selling it or by way of raising a mortgage against the property?
    I am a Mortgage Broker.

    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice
  • suzzopher
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    Thanks for the response.

    He will raise the equity by selling the house. Since he bought the house he’s emigrated with my mum, so is keen obviously to lose any financial ties to the UK, hence suggesting this.
  • YHM
    YHM Posts: 650 Forumite
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    Then yes this will be fine
    I am a Mortgage Broker.

    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 18 January 2018 at 9:58PM
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    CGT could make a dent in the equity.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    suzzopher wrote: »
    Since he bought the house he’s emigrated with my mum, so is keen obviously to lose any financial ties to the UK, hence suggesting this.

    Did he ever declare the rental income to the HMRC?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    suzzopher wrote: »
    He hasn’t a lot of debt he wants to clear with the proceeds of the house sale.


    Has or hasn't?
  • suzzopher
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    Whoops! Sorry - he does have a lot of debt to pay off with some of the equity, which he thinks will hinder his chances of getting a mortgage currently. But he's not in arrears, they're all manageable and we're paying them off, so..?

    Also - dad didn't declare it to HMRC as it wasn't a profit, it was like for like (we paid the cost of the mortgage to him). At least I don't think he did? Worth asking. What are the implications if dad did / didn't declare to HMRC?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    suzzopher wrote: »
    Also - dad didn't declare it to HMRC as it wasn't a profit, it was like for like (we paid the cost of the mortgage to him). At least I don't think he did? Worth asking. What are the implications if dad did / didn't declare to HMRC?

    Is the mortgage repayment or interest only?

    Worth asking your father. As these matters may well come to a head. Capital Gains Tax of 28% is also payable on the net gain made.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    suzzopher wrote: »
    Whoops! Sorry - he does have a lot of debt to pay off with some of the equity, which he thinks will hinder his chances of getting a mortgage currently. But he's not in arrears, they're all manageable and we're paying them off, so..?

    Also - dad didn't declare it to HMRC as it wasn't a profit, it was like for like (we paid the cost of the mortgage to him). At least I don't think he did? Worth asking. What are the implications if dad did / didn't declare to HMRC?


    Woops. if you paid his interest that was taxable.

    The capital can be structured so it is not taxable.
  • suzzopher
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    It's an offset mortgage I think?

    I'll have a word with him and clarify the details. Thank you guys so much for your help!
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