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no longer owner occupier

before I met my husband he bought his parents house off them and the 3 of them contiued to live there. not charging them rent. it was agreed in the deeds of the house that they could live in the house indefinitely.

However, he met me a few years later and we moved into MY house together, which is solely in my name. Now we are married I have realsied that we need to declare a primary residence as a married couple. I need my husband to change his address formally to the house we live in, for tax credit purpose etc.

I'm worried that as he is no longer the owner occupier that this could cause a problem. He does not charge his parents rent as they cannot afford it. the deeds of the house say they can live there forever so they can never be evicted (not that we would do that anyway!!)

Any advice?

Comments

  • Wh05apk
    Wh05apk Posts: 2,938 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Shouldn't cause a problem, although he should advise the lender he is no longer living there, they should be ok, if dependent relatives are living there,
    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.
  • thank you for your reply. I hope you are right. we seem to be falling between 2 stools... not living in the house but not making any money from it!
  • silvercar
    silvercar Posts: 50,625 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    For tax purposes, if you don't make a declaration within the first two years, it is taken on the basis of what actually happened. So if you don't declare where you both are living, then it will be deemed that you are living in your home.

    There are capital gains tax implications of what he is doing that will rear up when his house is sold.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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