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  • FIRST POST
    • Yellie05
    • By Yellie05 18th Apr 17, 5:19 PM
    • 17Posts
    • 0Thanks
    Yellie05
    Help!!
    • #1
    • 18th Apr 17, 5:19 PM
    Help!! 18th Apr 17 at 5:19 PM
    Some of you may remember my first post re my name being on a mortgage with my ex - unbeknown to myself for the past 10 years anyway long story cut short I have still had no joy getting in touch with my ex re taking my name off the mortgage and he has put the property up for sale (Please see first post for full details)

    Anyway in the meantime me and my husband are looking to buy our first home and we have been told that we will have to pay stamp duty as it is classed as a second home, my question is
    1) Is there a way around this I have no financial connection to this property and haven't until recently when I found out my name was still on the mortgage haven't spoken to my ex in 10 years
    2) Could my husband apply for the new mortgage in just his name - would we still have to pay stamp duty?

    Thank you
Page 2
    • ACG
    • By ACG 19th Apr 17, 10:56 AM
    • 15,077 Posts
    • 7,621 Thanks
    ACG
    Presumably if the property is half yours then you're entitled to half the profit when it sells.

    That would probably go some way to covering the cost of the stamp duty and when informed, might concentrate your ex's mind.
    Originally posted by pimento
    Half the profit or half the profit minus any mortgage payments they have missed? In which case they may end up having to pay something towards those costs.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, 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.
    • lovinituk
    • By lovinituk 19th Apr 17, 10:58 AM
    • 5,353 Posts
    • 5,999 Thanks
    lovinituk
    I have told my husband to mention it to the broker - however i would like to do my own research do i simply just google mortgage lenders whom would accept single person but wife with mortgage?? sorry im a total novice to all this and i really dont know who to turn to

    thanks
    Originally posted by Yellie05
    You need to check with a solicitor too. Your broker has already advised that your option 2 won't work which correlates with my understanding as mentioned above - you're married so even if your husband buys in his name you are still regarded as party to it for stamp duty.

    See here - https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property

    Ownership of the property
    Spouses and civil partners
    You may be viewed as the owner of a property if it’s owned by your spouse or civil partner.

    This means if one of you already owns a property and the other person purchases another property, the purchase will be charged at the higher rates.
    The following is my forum signature and not necessarily a response to your post:
    "To be truly successful you must live a few years of your life like others won’t so you may live the rest of your life like others can’t"
    • ACG
    • By ACG 19th Apr 17, 10:59 AM
    • 15,077 Posts
    • 7,621 Thanks
    ACG
    My understanding is the word previously in that context means the one you have just sold/moved from.

    From here - https://www.gov.uk/stamp-duty-land-tax/residential-property-rates


    I think you're on very thin ground if you are relying on 'previously' meaning any house in the past, rather than the last one.
    Originally posted by lovinituk
    Good shout.
    If you do not ask, you do not get. So it is worth trying.

    There is a stamp duty helpline who may be able to help.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, 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.
    • pimento
    • By pimento 19th Apr 17, 11:00 AM
    • 5,158 Posts
    • 6,707 Thanks
    pimento
    Half the profit or half the profit minus any mortgage payments they have missed? In which case they may end up having to pay something towards those costs.
    Originally posted by ACG
    Plus the rent that her ex would be paying for the half of the house that isn't his..
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
    • ACG
    • By ACG 19th Apr 17, 11:08 AM
    • 15,077 Posts
    • 7,621 Thanks
    ACG
    Plus the rent that her ex would be paying for the half of the house that isn't his..
    Originally posted by pimento
    If there was a rental agreement.

    Im not disputing whether anything is due or not, just playing devils advocate that there is more than one side to it.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, 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.
    • pimento
    • By pimento 19th Apr 17, 11:21 AM
    • 5,158 Posts
    • 6,707 Thanks
    pimento
    If the ex won't speak to the OP she will have to do what she can to mitigate her losses.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
    • Yellie05
    • By Yellie05 19th Apr 17, 11:37 AM
    • 17 Posts
    • 0 Thanks
    Yellie05
    im honestly just sick of it all, I just want this to be over so I can move on into our own home with my husband and baby - i honestly dont understand why his wife is happy to live in a house which is owned by her husband (my ex) and his ex (me) surely its in his best interest for him to remove me from the mortgage

    • Number75
    • By Number75 19th Apr 17, 11:40 AM
    • 166 Posts
    • 182 Thanks
    Number75
    I don't know why you're focusing on his w
    • Number75
    • By Number75 19th Apr 17, 11:43 AM
    • 166 Posts
    • 182 Thanks
    Number75
    I don't know why you're focusing on his wife minding that you are on the mortgage! My ex husband's new girlfriend couldn't care less that I owned half the house. It's just admin, really - no emotion involved.

    What was your agreement with your ex (sounds like you weren't married?) about ownership of the house going forward?

    What have you done to follow up the lender error (was it lender error?) about not removing you from the mortgage? As others have said, it requires a new application, but the history you posted doesn't suggest that your ex caused the problem, but the lender.
    • Number75
    • By Number75 19th Apr 17, 11:46 AM
    • 166 Posts
    • 182 Thanks
    Number75
    I think you're lucky that he's selling up now - and I'd sit tight until that completes. Bit of course, having taken legal advice about the mortgage and any legal claim you have on the house.
    • kingstreet
    • By kingstreet 19th Apr 17, 11:46 AM
    • 31,620 Posts
    • 16,891 Thanks
    kingstreet
    Presumably if the property is half yours then you're entitled to half the profit when it sells.

    That would probably go some way to covering the cost of the stamp duty and when informed, might concentrate your ex's mind.
    Originally posted by pimento
    They weren't married so Jones v Kernott would be worth a read.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, 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. Please do not send PMs asking for one-to-one-advice, or representation.
    • kingstreet
    • By kingstreet 19th Apr 17, 11:47 AM
    • 31,620 Posts
    • 16,891 Thanks
    kingstreet
    he has put the property up for sale
    Originally posted by Yellie05
    On sale, the mortgage will be repaid.

    Your signature will be required to enable the sale to complete. I'd say he won't be ignoring you for long.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, 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. Please do not send PMs asking for one-to-one-advice, or representation.
    • Yellie05
    • By Yellie05 19th Apr 17, 11:58 AM
    • 17 Posts
    • 0 Thanks
    Yellie05
    I don't know why you're focusing on his wife minding that you are on the mortgage! My ex husband's new girlfriend couldn't care less that I owned half the house. It's just admin, really - no emotion involved.

    What was your agreement with your ex (sounds like you weren't married?) about ownership of the house going forward?

    What have you done to follow up the lender error (was it lender error?) about not removing you from the mortgage? As others have said, it requires a new application, but the history you posted doesn't suggest that your ex caused the problem, but the lender.
    Originally posted by Number75
    I suppose I just find it extremely odd.. I know I wouldn't be happy, in theory I own half of that house..

    No we weren't married..

    I have contacted the mortgage company and they are unable to remove me - I was advised that my ex would need to remortgage the property in his sole name - I sent a letter to ex stating this and the amount he needed to remortgage the property for heard nothing back (letter was received and signed for by him) and a weeks later the property is up for sale..
    • kingstreet
    • By kingstreet 19th Apr 17, 12:27 PM
    • 31,620 Posts
    • 16,891 Thanks
    kingstreet
    Yes and selling the property will see the mortgage repaid and you will be free.

    However, as stated, you will be required to sign the transfer, otherwise he can't sell.

    I would make myself known to the selling agents if I were you. They tend to be unimpressed when someone who can affect their commission comes on the scene when they are already marketing a property.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, 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. Please do not send PMs asking for one-to-one-advice, or representation.
    • Yellie05
    • By Yellie05 19th Apr 17, 12:43 PM
    • 17 Posts
    • 0 Thanks
    Yellie05
    Yes and selling the property will see the mortgage repaid and you will be free.

    However, as stated, you will be required to sign the transfer, otherwise he can't sell.

    I would make myself known to the selling agents if I were you. They tend to be unimpressed when someone who can affect their commission comes on the scene when they are already marketing a property.
    Originally posted by kingstreet
    Have done so and I am in weekly contact with said agents re any developments they were very surprised and interested to hear from me when I presented myself to them, I explained in my letter to my ex that he wouldn't be able to sell the property without a signature from me and I believe the agents have also made him aware of this also.
    • Number75
    • By Number75 19th Apr 17, 4:41 PM
    • 166 Posts
    • 182 Thanks
    Number75
    So perhaps his wife doesn't like you being on the mortgage, as it went up for sale immediately after!

    Are you planning to make a claim on the profit? What did you actually agree with him when you split? If you are going to try to establish a claim you need a solicitor asap. But it sounds like it was a clean break at the time with nothing owed to you - the only problem being it wasn't clean because you didn't follow up confirmation that you were released from the mortgage.

    That bit was a right pain for me! On completion day with my new house, my new lender wanting very precise wording from my old lender, my old lender saying "our computer will only print <slightly different wording>"!

    Fingers crossed for a sale soon for you!
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